(3) In general, the judicial expense fund is established and may be used for any purposes connected with, incidental to or related to the proper administration or function of the said court or the office of the judge thereof, ACTS OF 2017 and is in addition to any and all other funds, salaries, expenses, or other monies that are now or hereafter provided, authorized, or established by law for any of the aforesaid purposes. * * * LEGISLATURE Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and Acts 113 - 218 subsequently approved by the legislature, this Act shall become effective on the day following such approval. ACT No. 113 Approved by the Governor, June 12, 2017. - - - A true copy: HOUSE BILL NO. 7 Tom Schedler BY REPRESENTATIVE WHITE Secretary of State AN ACT ------To enact R.S. 15:255(S), relative to witness fees for off-duty law enforcement officers; to authorize the transfer of certain witness fee surplus funds ACT No. 115 within Washington Parish; to provide for the transfer procedures and use - - - of such funds; to provide for definitions; and to provide for related matters. HOUSE BILL NO. 17 Be it enacted by the Legislature of Louisiana: BY REPRESENTATIVE TERRY BROWN Section 1. R.S. 15:255(S) is hereby enacted to read as follows: AN ACT §255. Witness fees to off-duty law enforcement officers To enact R.S. 51:703(K), relative to the disclosure of certain account * * * information; to provide for the release of certain account information of S. No later than March thirty-first of each year, the governing authority of a decedent by a dealer; to provide for certain required documents; and to Washington Parish may transfer to the criminal court fund of Washington provide for related matters. Parish all surplus monies in its special fund that exceed five thousand Be it enacted by the Legislature of Louisiana: dollars at the end of each calendar year. As used in this Subsection, Section 1. R.S. 51:703(K) is hereby enacted to read as follows: “special fund” means the special fund provided for in Subsection D of this §703. Registration of dealers, salesmen, and investment advisers and Section, and “surplus monies” means the amount of money which is in each investment adviser representatives; surety bonds; records; disclosures special fund at the end of each calendar year and which is in excess of the * * * total amount paid from each special fund as witness fees for off-duty law K. A dealer or any affiliate may release account information of a decedent enforcement officers in that calendar year. The surplus monies authorized to any representative or attorney for the estate of the decedent when the to be transferred by this Subsection may be used for any purpose for which dealer or affiliate receives written notice of the customer’s death and the other monies in the criminal court fund of the parish may be used. satisfactory evidence of that person’s authority to represent the estate of No money obligated to be paid to any officer or agency for an off-duty law the decedent. Satisfactory evidence may include an affidavit executed by enforcement court appearance shall be considered surplus monies pursuant the person attesting to such relationship with the estate. to this Subsection. Approved by the Governor, June 12, 2017. Approved by the Governor, June 12, 2017. A true copy: A true copy: Tom Schedler Tom Schedler Secretary of State Secretary of State ------ACT No. 116 ACT No. 114 ------HOUSE BILL NO. 18 HOUSE BILL NO. 10 BY REPRESENTATIVES JENKINS AND GLOVER BY REPRESENTATIVE TERRY BROWN AN ACT AN ACT To provide relative to state highways; to designate the portion of Louisiana To amend and reenact R.S. 13:996.46(C), relative to the Thirty-Fifth Judicial Highway 1 from East Dalzell Street to Crofton Street in the city of District Court; to authorize the use of money in the Thirty-Fifth Judicial Shreveport, Louisiana, as the “Deacon Cleophus Banks, Jr. Memorial Expense Fund to pay personnel health insurance premiums, certification Highway”; to designate a portion of Louisiana Highway 31 in the city of fees, continuing education fees, and capital expenditures; and to provide Breaux Bridge, Louisiana, as “Dr. Martin Luther King, Jr. Memorial Drive”; for related matters. and to provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:996.46(C) is hereby amended and reenacted to read as Section 1. The portion of Louisiana Highway 1 from East Dalzell Street follows: to Crofton Street in the city of Shreveport, Louisiana, shall be hereinafter §996.46. Judicial expense fund for Thirty-Fifth Judicial District known and designated as the “Deacon Cleophus Banks, Jr. Memorial * * * Highway”. C.(1) The judge of the Thirty-Fifth Judicial District Court may, in lieu Section 2. The portion of Louisiana Highway 31 between its intersection of all or any part of the fees for reporting and transcribing testimony with Bridge Street and its intersection with Louisiana Highway 94 in the city authorized under the provisions of R.S. 13:961(F), or other applicable laws, of Breaux Bridge, Louisiana, shall be hereinafter known and designated as and in addition to salaries otherwise provided, authorized, or established the “Dr. Martin Luther King, Jr. Memorial Drive”. by law, fix and pay his court reporters a salary from the judicial expense Section 3. The Department of Transportation and Development or its fund. The judge may further appoint such secretarial, clerical, research, contractors are hereby directed to erect and maintain appropriate signage administrative, or other personnel as he deems necessary to expedite the reflecting these designations, provided local or private monies are received business and function of the court. and The judge may fix and pay all or by the department equal to the department’s actual costs for the material, any part of the salaries, health insurance premiums, certification fees, or fabrication cost, mounting posts, and installation required for installation continuing education fees of court reporters or appointed of such personnel of each sign, not to exceed the sum of five hundred fifty dollars per sign. out of the monies in the judicial expense fund. Approved by the Governor, June 12, 2017. (2) In like manner, Notwithstanding any other provision of law to the A true copy: contrary, the judge may utilize the monies in the judicial expense fund to Tom Schedler pay all or any part of the cost of establishing or maintaining a law library Secretary of State for the court, for the renovation, improvement, or purchasing of existing ------structures or construction of new structures to be used for any purposes incidental to, or related to, the proper administration or function of the ACT No. 117 court or the office of the judge, or for buying or maintaining any type of - - - equipment, supplies, or other items consistent with or germane to the HOUSE BILL NO. 19 efficient operation of the court. For purposes of this Paragraph, the judge BY REPRESENTATIVE MAGEE may utilize monies in the judicial expense fund for capital outlay expenses AN ACT associated with the renovation or construction of the courthouse or office To amend and reenact R.S. 33:1243(A)(1), relative to penalties for violations of the judge including but not limited to design, demolition, construction, of parish ordinances; to authorize the imposition of community service as materials, supplies, equipment, and labor. a penalty for violating a parish ordinance; to provide for the maximum

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 49 (House Bills) and underscored and boldfaced (Senate Bills) are additions. number of hours of community service a person may be ordered to perform; reflecting this redesignation provided local or private monies are received and to provide for related matters. by the department equal to the department’s actual costs for the material, Be it enacted by the Legislature of Louisiana: fabrication cost, mounting posts, and installation required for installation Section 1. R.S. 33:1243(A)(1) is hereby amended and reenacted to read as of each sign, not to exceed the sum of five hundred fifty dollars per sign. follows: Approved by the Governor, June 12, 2017. §1243. Maximum penalties A true copy: A.(1) Except as otherwise provided in this Section, the maximum penalty Tom Schedler which may be imposed for violation of any parish ordinance shall be a fine Secretary of State of five hundred dollars and imprisonment of thirty days in the parish jail. A ------maximum of one hundred hours of community service may be imposed for a violation of any parish ordinance in addition to, or in lieu of, any penalty ACT No. 120 provided for in this Section. - - - * * * HOUSE BILL NO. 31 Approved by the Governor, June 12, 2017. BY REPRESENTATIVE HOFFMANN A true copy: AN ACT Tom Schedler To amend and reenact R.S. 11:710(A)(3) and (4)(b) and (F) and to enact R.S. Secretary of State 11:710(B)(3), relative to the reemployment of retirees of the Teachers’ ------Retirement System of Louisiana in positions covered by the system; to authorize the reemployment of school psychologists in critical shortage ACT No. 118 areas; and to provide for related matters. - - - Notice of intention to introduce this Act has been published as provided by HOUSE BILL NO. 28 Article X, Section 29(C) of the Constitution of Louisiana. BY REPRESENTATIVE EMERSON Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 11:710(A)(3) and (4)(b) and (F) are hereby amended and To amend and reenact R.S. 47:463.73(D), (F), and (G), relative to motor vehicle reenacted and R.S. 11:710(B)(3) is hereby enacted to read as follows: special prestige license plates; to provide for the “Acadiana High School” §710. Employment of retirees special prestige license plate; to provide for the creation, issuance, design, A. Definitions. fees, distribution, and rule promulgation applicable to such license plates; As used in this Section, the following words and phrases shall have the to provide an effective date; and to provide for related matters. following meanings, unless a different meaning is clearly required by the Be it enacted by the Legislature of Louisiana: context: Section 1. R.S. 47:463.73(D), (F), and (G) are hereby amended and reenacted * * * to read as follows: (3) “Critical shortage” means any situation where there exists a shortage of §463.73. Special prestige license plate; Louisiana parochial, public, and certified teachers in a certain subject area or a shortage of certified speech private high schools therapists, speech pathologists, audiologists, educational diagnosticians, * * * school social workers, or school counselors, or school psychologists, as D. The department shall collect the royalty fee for each public high school further provided in this Section. prestige license plate and shall forward such fee to the respective school (4) “Reemployment-eligible critical shortage position” or “critical board of the school for which the plate was issued. Royalty fees collected for shortage position” means any of the following: parochial or private high school prestige license plates shall be forwarded * * * directly to such parochial or private high school. The fees shall be used (b) A position for a full-time certified speech therapist, speech pathologist, solely for school and instructional activities. audiologist, educational diagnostician, school social worker, or school * * * counselor, or school psychologist whose position of employment requires F. Upon the signing of a contract authorizing the use of the logo of any a valid Louisiana ancillary certificate approved and issued by the state parochial, public, or private high school, the secretary of the Department Department of Education in a school district where a critical shortage exists. of Public Safety and Corrections shall establish prestige plates for such * * * high school in accordance with the provisions of this Section. The contract B.(1) shall include an agreement on the part of the school to use the royalty fee as * * * provided in Subsection D of this Section. (3) Except as provided in R.S. 11:710(A)(6), any person whose retirement G. The secretary shall establish special prestige license plates for benefit is calculated using an accrual rate less than two and one-half percent Archbishop Hannan High School, Jesuit High School, Mount Carmel or whose benefit was actuarially reduced pursuant to R.S. 11:768(B)(2) or Academy, the Academy of the Sacred Heart, Saint Katharine Drexel 761(A)(3)(b) or (4)(b) shall not be authorized to return to service pursuant to Preparatory School, Acadiana High School, and any other parochial, public, the provisions of this Section, unless the person has been retired for at least or private Louisiana high school in accordance with the provisions of this thirty-six months. Section as it was enacted. * * * Section 2. The provisions of this Act shall become effective on January 1, F.(1) A retiree who is employed in a critical shortage position shall not 2018. receive a benefit during the period of his reemployment as provided in this Approved by the Governor, June 12, 2017. Section unless and until the Board of Elementary and Secondary Education A true copy: and the board of trustees of this system have received certification that Tom Schedler a critical shortage exists. Prior to making such certification for any full- Secretary of State time critical shortage position, the employer shall cause to be advertised in ------the official journal of the employer’s governing authority, on two separate occasions, notice that a shortage of certified teachers exists and the ACT No. 119 positions sought to be filled. Additionally, the employer shall cause notice - - - to be posted at the career development office, or similar such entity, of HOUSE BILL NO. 29 every post-secondary institution within a one hundred twenty-mile radius BY REPRESENTATIVES HOWARD, TERRY BROWN, STEVE CARTER, of the employer’s governing authority. If a certified applicant who is not a FRANKLIN, GISCLAIR, GUINN, PIERRE, POPE, AND STEFANSKI AND retiree applies for an advertised position, such person shall be hired before SENATOR JOHN SMITH any certified retiree is employed, unless fewer than three applicants have AN ACT applied for the position each of whom is certified in the critical shortage To redesignate a portion of United States Highway 171 in the village of area being filled. Anacoco, Louisiana, as the “Sergeant James Edward Martin Memorial (1) (2) On an annual basis, the superintendent and personnel director of Highway”; to provide relative to a potential route designation conflict; and the school employing a retiree who returns to active service in a position to provide for related matters. defined in Subparagraph (A)(4)(a) of this Section shall certify a critical Be it enacted by the Legislature of Louisiana: shortage area to the Board of Elementary and Secondary Education and the Section 1. Notwithstanding any provision of law to the contrary, the board of trustees of this system. portion of United States Highway 171 situated within the limits of the village (2) (3) On an annual basis, the employing school board for a retiree who of Anacoco, Louisiana, in Vernon Parish, which is otherwise known as the returns to active service in a position defined in Subparagraph (A)(4)(b) of this “Purple Heart Highway”, shall be known and redesignated as the “Sergeant Section shall certify to the Board of Elementary and Secondary Education James Edward Martin Memorial Highway”. and the board of trustees of this system that a critical shortage of speech Section 2. To the extent that this designation is in conflict with Act No. 75 therapists, speech pathologists, audiologists, educational diagnosticians, of the 2003 Regular Session of the Legislature, which included this portion school social workers, or school counselors, or school psychologists exists of United States Highway 171 in the route designated the “Purple Heart in the school district. Highway”, this designation shall control and supersede the provisions set Section 2. The cost of this Act, if any, shall be funded with additional forth in Act No. 75 of the 2003 Regular Session of the Legislature. employer contributions in compliance with Article X, Section 29(F) of the Section 3. The Department of Transportation and Development or its Constitution of Louisiana. contractors are hereby directed to erect and maintain appropriate signage THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 50 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Section 3. This Act shall be effective on July 1, 2017; if vetoed by the Notice of intention to introduce this Act has been published as provided by governor and subsequently approved by the legislature, this Act shall Article III, Section 13 of the Constitution of Louisiana. become effective on July 1, 2017, or on the day following such approval by the Be it enacted by the Legislature of Louisiana: legislature, whichever is later. Section 1. R.S. 33:423.17 is hereby amended and reenacted to read as Approved by the Governor, June 12, 2017. follows: A true copy: §423.17. City of Amite City; disciplinary action authority over personnel by Tom Schedler elected chief of police Secretary of State Notwithstanding the provisions of R.S. 33:423 or any other law to the ------contrary, in and for the city of Amite City, the chief of police may take whatever steps are necessary to effect disciplinary action concerning police ACT No. 121 personnel, including but not limited to the suspension of police personnel. - - - Any such disciplinary action shall be taken without regard to race, creed, HOUSE BILL NO. 39 or color shall appoint, promote, discipline, and discharge police personnel BY REPRESENTATIVES HILL AND HOWARD subject to the budgetary limitations of the mayor and town council pertaining AN ACT to the number of allotted positions for the police department. Any such To designate a portion of Louisiana Highway 377 in the populated place of action shall be taken without regard to race, creed, or color. Dido, Louisiana, in Vernon Parish, as the “Corporal Leonard Carroll Bond Approved by the Governor, June 12, 2017. Memorial Highway”; and to provide for related matters. A true copy: Be it enacted by the Legislature of Louisiana: Tom Schedler Section 1. The portion of Louisiana Highway 377 in the populated place Secretary of State of Dido, Louisiana, in Vernon Parish, shall hereinafter be known and ------designated as the “Corporal Leonard Carroll Bond Memorial Highway”. Section 2. The Department of Transportation and Development and its ACT No. 124 contractors are hereby directed to erect and maintain appropriate signage - - - reflecting this designation provided local or private monies are received HOUSE BILL NO. 58 by the department equal to the department’s actual costs for the material, BY REPRESENTATIVE PUGH fabrication cost, mounting posts, and installation required for installation AN ACT of each sign, not to exceed the sum of five hundred fifty dollars per sign. To amend and reenact R.S. 33:4169(C), relative to Sewerage District No. 1 for Approved by the Governor, June 12, 2017. Tangipahoa Parish; to provide relative to the collection of fees imposed by A true copy: the district; to require certain water system operators to collect such fees; Tom Schedler and to provide for related matters. Secretary of State Notice of intention to introduce this Act has been published as provided by ------Article III, Section 13 of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: ACT No. 122 Section 1. R.S. 33:4169(C) is hereby amended and reenacted to read as - - - follows: HOUSE BILL NO. 40 §4169. Collection contracts for sewerage service charges; access charges; BY REPRESENTATIVE HOWARD enforcement procedures for delinquent charges AN ACT * * * To redesignate a portion of Louisiana Highway 118 in the populated place of C.(1) In the parish of Jefferson, any such contract as authorized in Peason, Louisiana, in Sabine Parish as the “Joe Kirk Memorial Highway”; Subsections A and B of this Section may be executed for a term up to twenty- to designate a portion of Louisiana Highway 26 in Jefferson Davis Parish five years. as the “Michael Phillips Memorial Highway”; to designate a portion of (2)(a) Notwithstanding any other provision of law to the contrary, a Louisiana Highway 102 in the city of Jennings, Louisiana, as the “Burton municipality, parish, water district, or private water company operating “Burt” LeBlanc Memorial Highway”; to provide relative to a potential a water system serving customers in the area served by Sewerage District route designation conflict; and to provide for related matters. No. 1 for Tangipahoa Parish shall collect the service charges imposed by Be it enacted by the Legislature of Louisiana: the sewerage district from the water customers of the municipality, parish, Section 1. Notwithstanding any provision of law to the contrar y, the por tion water district, or private water company. of Louisiana Highway 118 that originates at United States Highway 171 and (b) The governing authority of Tangipahoa Parish may enact ordinances continues for 9.92 miles, in the populated place of Peason, Louisiana, in to enforce the provisions of this Paragraph, which may include provisions Sabine Parish, shall be known and redesignated as the “Joe Kirk Memorial requiring the disconnection of water services for failure to timely pay Highway”. service charges imposed by the district. Such ordinances shall provide for Section 2. To the extent that Section 1 of this Act is in conflict with Act the reimbursement of costs incurred in collecting such service charges. No. 256 of the 2011 Regular Session of the Legislature, which included this (c) Each municipality, parish, water district, or private water company portion of United States Highway 118 in the route designated the “Louisiana required to collect service charges pursuant to this Paragraph shall be Maneuvers and Purple Heart Memorial Highway”, this designation shall liable for damages suffered by the district as a result of the failure to collect control and supersede the provisions set forth in Act No. 256 of the 2011 such charges. Regular Session of the Legislature. * * * Section 3. The portion of Louisiana Highway 26 between mile marker Approved by the Governor, June 12, 2017. sixty-two and sixty-three in Jefferson Davis Parish shall be known and A true copy: designated as the “Michael Phillips Memorial Highway”. Tom Schedler Section 4. The portion of Louisiana Highway 102 between mile marker Secretary of State twenty-six and twenty-seven in the city of Jennings, Louisiana, shall be ------known and designated as the “Burton “Burt” LeBlanc Memorial Highway”. Section 5. The Department of Transportation and Development and its ACT No. 125 contractors are hereby directed to erect and maintain appropriate signage - - - reflecting these designations provided local or private monies are received HOUSE BILL NO. 65 by the department equal to the department’s actual costs for the material, BY REPRESENTATIVE HENSGENS fabrication cost, mounting posts, and installation required for installation AN ACT of each sign, not to exceed the sum of five hundred fifty dollars per sign. To enact R.S. 47:463.192, relative to motor vehicle special prestige license Approved by the Governor, June 12, 2017. plates; to provide for the establishment of the “Sabine Pass Lighthouse” A true copy: special prestige license plate; to provide for creation, issuance, and design Tom Schedler of such license plates; to provide relative to the fee and distribution of Secretary of State fees for such plates; to authorize the promulgation of rules and regulations ------relative to the creation and implementation of a special prestige license plate; to provide an effective date; and to provide for related matters. ACT No. 123 Be it enacted by the Legislature of Louisiana: - - - Section 1. R.S. 47:463.192 is hereby enacted to read as follows: HOUSE BILL NO. 46 §463.192. Special prestige license plate; “Sabine Pass Lighthouse” BY REPRESENTATIVE ROBBY CARTER A. The secretary of the Department of Public Safety and Corrections AN ACT shall establish a special prestige motor vehicle license plate to be known To amend and reenact R.S. 33:423.17, relative to the Amite City Police as the “Sabine Pass Lighthouse” plate, provided there is a minimum of one Department; to provide that the police chief shall appoint, promote, thousand applicants for such plate. These license plates shall be restricted discipline, and discharge police personnel subject to limitations; and to to use on passenger cars, pickup trucks, recreational vehicles, motorcycles, provide for related matters. and vans.

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 51 (House Bills) and underscored and boldfaced (Senate Bills) are additions. B. The secretary shall work in conjunction with the president of the ACT No. 127 Cameron Preservation Alliance-Sabine Pass Lighthouse, Inc. to select the - - - color and design of the plate, provided it is in compliance with R.S. 47:463(A) HOUSE BILL NO. 76 (3). The design shall include the words “Sabine Pass Lighthouse”. BY REPRESENTATIVE HAVARD C. The special prestige license plate shall be issued, upon application, AN ACT to any citizen of Louisiana in the same manner as any other motor vehicle To amend and reenact R.S. 33:4574.1.1(A)(37), relative to hotel occupancy license plate. taxes in West Feliciana Parish; to authorize the West Feliciana Parish D. The department shall collect an annual royalty fee of twenty dollars Tourist Commission to levy additional hotel occupancy taxes, subject to that shall be disbursed in accordance with Subsection E of this Section. This voter approval; to provide relative to the hotel occupancy tax levied by fee shall be in addition to the standard motor vehicle license tax imposed by West Feliciana Parish; and to provide for related matters. Article VII, Section 5 of the Constitution of Louisiana, and a handling fee of Notice of intention to introduce this Act has been published as provided by three dollars and fifty cents for each plate to be retained by the department Article III, Section 13 of the Constitution of Louisiana. to offset a portion of administrative costs. Be it enacted by the Legislature of Louisiana: E. The annual royalty fee shall be collected by the department and Section 1. R.S. 33:4574.1.1(A)(37) is hereby amended and reenacted to read forwarded to the Cameron Preservation Alliance-Sabine Pass Lighthouse, as follows: Inc. The monies received from the royalty fees shall be used for the §4574.1.1. Occupancy taxes levied by the commissions restoration and stabilization of the Sabine Pass Lighthouse. A. For the purposes set forth in this Subsection or Paragraph (F)(3) of this F. The secretary shall promulgate and adopt rules and regulations as are Section, a commission created pursuant to R.S. 33:4574(B) is authorized to necessary to implement the provisions of this Section. levy and collect a tax upon the occupancy of hotel rooms, motel rooms, and Section 2. The provisions of this Act shall become effective on January 1, overnight camping facilities within the jurisdiction of the commission. Such 2018. tax shall not exceed the following percentages of the rent or fee charged for Approved by the Governor, June 12, 2017. such occupancy: A true copy: * * * Tom Schedler (37)(a) West Feliciana Parish Tourist Commission, two percent. Secretary of State (b) In addition to taxes authorized by Subparagraph (a) of this Paragraph, ------the West Feliciana Parish Tourist Commission may levy an additional two percent tax if the levy of the additional tax is approved by a majority of ACT No. 126 the electors of West Feliciana Parish who vote on a proposition authorizing - - - the levy of the tax. The commission may call an election for the purpose of HOUSE BILL NO. 66 submitting such a proposition to the voters. BY REPRESENTATIVE MAGEE (c) Notwithstanding any other provision of law to the contrary, the AN ACT additional tax authorized to be levied by the commission in Subparagraph To amend and reenact R.S. 13:976, relative to court reporters; to provide (b) of this Paragraph shall not affect the occupancy tax levied by the parish relative to fees for transcripts in the Thirty-Second Judicial District; to of West Feliciana on July 1, 2017, or any renewal of such tax. provide for fees for cases on appeal; to provide for private civil contracts * * * in matters not on appeal; to provide for a contingent effective date; and to Section 2. This Act shall become effective on July 1, 2017; if vetoed by provide for related matters. the governor and subsequently approved by the legislature, this Act shall Be it enacted by the Legislature of Louisiana: become effective on July 1, 2017, or on the day following such approval by the Section 1. R.S. 13:976 is hereby amended and reenacted to read as follows: legislature, whichever is later. §976. Thirty-Second Judicial District; additional court reporters; Approved by the Governor, June 12, 2017. transcript fees; contracts A true copy: A. In addition to the court reporters appointed under the provisions of Tom Schedler R.S. 13:961A R.S. 13:961(A), the judges of the Thirty-Second Judicial District Secretary of State Court, sitting en banc, and with the approval of the Terrebonne Parish ------governing authority, may appoint additional qualified court reporters as they deem necessary, who shall serve at the pleasure of the court en banc, ACT No. 128 and may be assigned to the various divisions of the court, or to the grand - - - jury, as the court en banc may direct. HOUSE BILL NO. 77 B. Each of said the court reporters shall be paid by the Terrebonne Parish BY REPRESENTATIVES BERTHELOT AND BISHOP governing authority out of the parish general fund, a salary to be fixed by AN ACT the judges en banc of the Thirty-Second Judicial District Court subject to To amend and reenact R.S. 30:2531(A)(2)(b) and (B)(2)(b) and 2531.1(D)(1), the approval of the parish governing authority. The governing authority of relative to littering; to provide for criminal and civil penalties; to provide the parish shall annually, and at the same time as it prepares its general for community service; and to provide for related matters. budget of expenses, budget an amount sufficient to pay the salaries of the Be it enacted by the Legislature of Louisiana: said court reporters. Section 1. R.S. 30:2531(A)(2)(b) and (B)(2)(b) and 2531.1(D)(1) are hereby C. In all cases on appeal, the The civil and criminal transcript fee for amended and reenacted to read as follows: all court reporters in the Thirty-Second Judicial District should shall not §2531. Intentional littering prohibited; criminal penalties; simple littering exceed two dollars and seventy-five cents three dollars and fifty cents per prohibited; civil penalties; special court costs thirty-one thirty-two line page and twenty-five seventy-five cents per page A. copy. These fees shall be charged by and be paid to the court reporter * * * who reported and transcribed the testimony, shall be retained by him as (2) Whoever violates the provisions of this Subsection shall: compensation in addition to his salary, and shall be taxed as costs of the suit * * * in which the testimony is taken. When a copy is requested by a litigant, a (b) Upon second conviction, be fined one thousand nine hundred dollars copy shall be provided and a fee not to exceed one dollar for each page shall and sentenced to serve sixteen twenty hours of community service in a litter be charged and paid to the court reporter. abatement work program as approved by the court. D. For matters not on appeal, a litigant requesting a transcript of testimony * * * or other matter transcribed shall enter into a private civil contract with the B. court reporter for the payment of fees applicable to those contracts. Such * * * fees shall be in accordance with fees customarily charged in the judicial (2) Persons found liable under the provisions of this Subsection shall be district for depositions. assessed the following civil penalties and costs: D.E. In all other respects, the court reporters herein authorized by the * * * provisions of this Section shall be governed and regulated by the provisions (b) For a second and each subsequent violation, such person shall either of R.S. 13:961. be fined one thousand nine hundred dollars or be given the option to Section 2. In accordance with the provisions of R.S. 13:62, the increase in perform sixteen twenty hours of community service in a litter abatement court costs or fees as provided for in this Act shall become effective if and work program in lieu of the one thousand nine hundred dollar fine. when the Judicial Council provides a recommendation that such court costs * * * or fees meet the applicable guidelines in its 2018 Report to the Louisiana §2531.1. Gross littering prohibited; criminal penalties; indemnification Legislature. * * * Approved by the Governor, June 12, 2017. D.(1) Whoever violates the provisions of this Section shall, upon first A true copy: conviction, be fined not less than one thousand dollars nor more than two Tom Schedler thousand nine hundred dollars and sentenced to serve eight sixteen hours Secretary of State of community service in a litter abatement work program as approved by the ------court. * * *

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 52 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Approved by the Governor, June 12, 2017. * * * A true copy: CHAPTER 34. REENTRY COURTS Tom Schedler §5401. District courts; reentry courts; subject matter Secretary of State A. The Each district courts court as enumerated in Subsection C of this ------Section, by rule, adopted by a majority vote of the judges sitting en banc, may assign a certain division of the court as a reentry division of court. Prior to ACT No. 129 the creation of a reentry division of court, each district court shall secure - - - funding to establish and maintain a reentry division of court. However, HOUSE BILL NO. 84 failure to do so will have no effect upon any judgment, finding, or sentence. BY REPRESENTATIVE DUSTIN MILLER The reentry division of court shall establish a workforce development AN ACT sentencing program, which shall establish guidelines for the issuance of To amend and reenact Section 2 of Act No. 194 of the 2015 Regular Session sentences providing inmate rehabilitation and workforce development. of the Legislature, relative to court reporter fees; to provide relative to an The reentry division of court and sentencing program shall work in increase in court reporter fees for the Twenty-Seventh Judicial District; to conjunction with the Louisiana Workforce Commission and all efforts shall provide for a contingent effective date; and to provide for related matters. be coordinated and consistent with the provisions of R.S. 23:1 et seq. Be it enacted by the Legislature of Louisiana: B. Participation in the workforce development sentencing program as Section 1. Section 2 of Act No. 194 of the 2015 Regular Session of the authorized by the provisions of this Section shall be subject to the following Legislature is hereby amended and reenacted to read as follows: provisions: S e c t i o n 2 . The increase in court costs as provided for in this Act shall become (1) The cour t may recommend that a defendant par ticipate in the work force effective if and when the Judicial Council provides a recommendation that development sentencing program if all of the following criteria are satisfied: such costs meet the applicable guidelines in its 2016 Report to the Louisiana (a) The defendant meets the eligibility requirements for participation Legislature. In accordance with the provisions of R.S. 13:62, the increase in in the Offender Rehabilitation and Workforce Development Program as court costs or fees as provided for in this Act shall become effective if and provided for in R.S. 15:1199.7(A) and (C). when the Judicial Council provides a recommendation that such court costs (b) The defendant meets the suitability requirements as defined by or fees meet the applicable guidelines in its 2018 Report to the Louisiana best practices developed for the Offender Rehabilitation and Workforce Legislature. Development Program as adopted by the Louisiana Supreme Court. Approved by the Governor, June 12, 2017. (c) The court determines that it is in the best interest of the community A true copy: and in the interest of justice that the defendant be sentenced to the Offender Tom Schedler Rehabilitation and Workforce Development Program. Secretary of State (c)(d) The defendant is not sentenced to a term of incarceration which ------exceeds ten years. (d)(e) The defendant shall not have any prior felony convictions for any ACT No. 130 offenses defined as a sex offense in R.S. 15:541. - - - (e)(f) The crime before the court shall not be a crime of violence as defined HOUSE BILL NO. 88 in R.S. 14:2(B), including domestic violence. BY REPRESENTATIVES GREGORY MILLER, GAINES, AND (f)(g) The defendant cannot be sentenced as a multiple offender in the SCHEXNAYDER AND SENATOR GARY SMITH present charge pursuant to R.S. 15:529.1. AN ACT (g)(h) Other criminal proceedings alleging commission of a crime of To enact R.S. 33:4712.17, relative to the naming of a law enforcement training violence as defined in R.S. 14:2(B) shall not be pending against the defendant. facility in St. John the Baptist Parish; to provide for an exception to the (h)(i) The crime before the court shall not be a charge of any crime that statutory prohibition of naming of a public building after a living person; resulted in the death of a person. to authorize the St. John the Baptist Parish Sheriff to name a certain (2)(a) Upon a determination that the defendant meets the eligibility and building after a living person; and to provide for related matters. suitability criteria provided for in Paragraph (1) of this Subsection, the Notice of intention to introduce this Act has been published as provided by court shall advise the defendant that he may be eligible for enrollment in Article III, Section 13 of the Constitution of Louisiana. the workforce development sentencing program. Be it enacted by the Legislature of Louisiana: (b) Prior to sentence, the court shall contact the Department of Public Section 1. R.S. 33:4712.17 is hereby enacted to read as follows: Safety and Corrections Reentry Services to determine if there is adequate §4712.17. Naming of St. John the Baptist Sheriff’s Office law enforcement capacity for enrollment or if bed space is available. training facility * * * Notwithstanding R.S. 42:267 or any other law to the contrary, the St. John Section 2. R.S. 13:5401(C) is hereby repealed in its entirety. the Baptist Parish Sheriff may name the sheriff’s office law enforcement Approved by the Governor, June 12, 2017. training facility located on Cambridge Drive in LaPlace in honor of Lloyd B. A true copy: Johnson, a living person who served as sheriff of St. John the Baptist Parish Tom Schedler for more than twenty years. Secretary of State Approved by the Governor, June 12, 2017. ------A true copy: Tom Schedler ACT No. 132 Secretary of State ------HOUSE BILL NO. 100 BY REPRESENTATIVE JOHNSON ACT No. 131 AN ACT - - - To designate a portion of Louisiana Highway 1 in the town of Simmesport, HOUSE BILL NO. 94 Louisiana, as “Joe Simon Boulevard”; and to provide for related matters. BY REPRESENTATIVES JIMMY HARRIS, AMEDEE, BAGNERIS, CHAD Be it enacted by the Legislature of Louisiana: BROWN, GARY CARTER, ROBBY CARTER, COUSSAN, EDMONDS, Section 1. The portion of Louisiana Highway 1 within the limits of the GAINES, GLOVER, HAZEL, HODGES, JACKSON, LEGER, LEOPOLD, town of Simmesport, Louisiana, in Avoyelles Parish, shall be hereinafter MAGEE, MARINO, JAY MORRIS, SHADOIN, AND ZERINGUE known and designated as “Joe Simon Boulevard”. AN ACT Section 2. The Department of Transportation and Development or its To amend and reenact R.S. 13:587.4(A) and 5401(A) and (B)(1) and (2) and to contractors are hereby directed to erect and maintain appropriate signage repeal R.S. 13:5401(C), relative to reentry courts; to authorize the creation reflecting this designation provided local or private monies are received of a reentry division in all district courts; to remove the enumerated by the department equal to the department’s actual costs for the material, district courts authorized to create reentry divisions; to require certain fabrication cost, mounting posts, and installation required for installation criteria for eligibility and suitability; to provide for certain requirements of each sign, not to exceed the sum of five hundred fifty dollars per sign. of the court; and to provide for related matters. Approved by the Governor, June 12, 2017. Be it enacted by the Legislature of Louisiana: A true copy: Section 1. R.S. 13:587.4(A) and 5401(A) and (B)(1) and (2) are hereby amended Tom Schedler and reenacted to read as follows: Secretary of State §587.4. District courts; specialized divisions or sections; subject matter ------A. Respecting seniority and the requirement that all cases be assigned randomly within multi-judge divisions or sections, the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, may designate a certain division or section of the court as a specialized division or section having criminal, civil, drug court, driving while intoxicated court, human trafficking court, mental health court, misdemeanor, traffic, juvenile, violent crimes or homicides, reentry court, or other specialized subject matter jurisdiction. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 53 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 133 Section 1. R.S. 13:5530(A)(1), (2), (4), and (12)(a), (b), and (c) are hereby - - - amended and reenacted to read as follows: HOUSE BILL NO. 104 §5530. Fees in civil matters BY REPRESENTATIVE LEOPOLD A. Sheriffs shall be entitled to no more than the following fees and AN ACT compensation of office in all civil matters: To amend and reenact R.S. 13:996.66(A), relative to the judicial expense fund (1) For all service and returns of legal documents, notices, and subpoenas, for the Twenty-Fifth Judicial District Court; to increase certain fees and twenty - thirty dollars. costs in civil and criminal matters; to provide for a contingent effective (2) For execution of all writs and court orders, - thirty dollars; for each date; and to provide for related matters. notice of seizure and sale and returns thereon, twenty - thirty dollars; for Be it enacted by the Legislature of Louisiana: return of any writ, twenty - thirty dollars. Section 1. R.S. 13:996.66(A) is hereby amended and reenacted to read as * * * follows: (4) For preparing advertisement for newspapers, for each one hundred §996.66. Judicial Expense Fund for Twenty-Fifth Judicial District words or part thereof, fifteen - thirty dollars. A. In addition to all other fees or costs now or hereafter provided by law, * * * the clerk of court of the Twenty-Fifth Judicial District shall collect from (12)(a) For executing writ of possession or writ of ejectment, twenty - thirty every person filing any type of civil suit or proceeding, and who is not dollars. otherwise exempted by law from the payment of court costs, a sum to be (b) For service of each notice to vacate on defendant or occupants, twenty determined by the judges of the district, sitting en banc, which sum shall not - thirty dollars. exceed fifteen thirty-five dollars, subject to the provisions of Code of Civil (c) If the defendant or occupants do not vacate the premises named in Procedure Article 5181 et seq. In all criminal cases over which the Twenty- the writ upon service of notice to vacate and the sheriffs are required to do Fifth Judicial District Court has jurisdiction, there shall be taxed as costs anything further to obtain possession, they shall be entitled to an additional against every defendant who is convicted after trial or after plea of guilty, or fee of twenty thirty dollars. who forfeits his bond, a sum likewise determined but which shall not exceed * * * fifteen thirty-five dollars, which shall be in addition to all other fines, costs, Section 2. In accordance with the provisions of R.S. 13:62, the increase in or forfeitures lawfully imposed. court costs or fees as provided for in this Act shall become effective if and * * * when the Judicial Council provides a recommendation that such court costs Section 2. In accordance with the provisions of R.S. 13:62, the increase in or fees meet the applicable guidelines in its 2018 Report to the Louisiana court costs or fees as provided for in this Act shall become effective if and Legislature. when the Judicial Council provides a recommendation that such court costs Approved by the Governor, June 12, 2017. or fees meet the applicable guidelines in its 2018 Report to the Louisiana A true copy: Legislature. Tom Schedler Approved by the Governor, June 12, 2017. Secretary of State A true copy: ------Tom Schedler Secretary of State ACT No. 136 ------HOUSE BILL NO. 130 ACT No. 134 BY REPRESENTATIVE DEVILLIER AND SENATOR WALSWORTH - - - AN ACT HOUSE BILL NO. 109 To amend and reenact R.S. 17:3882(4) through (7), 3902(B)(5), 3991(B)(1)(a) BY REPRESENTATIVE DEVILLIER (i) and (b)(i), and 3997(D)(2), to enact R.S. 17:3882(8) and 3973(4), and to AN ACT repeal R.S. 17:3973(1), relative to students; to provide that economically To amend and reenact R.S. 47:337.14(E), relative to the central sales tax disadvantaged students shall be included as a factor in determining collection commission of St. Landry Parish; to provide relative to the teacher evaluations and requirements for enrollment of at-risk students membership of the commission; and to provide for related matters. in certain charter schools; to remove references to students eligible for Notice of intention to introduce this Act has been published as provided by free and reduced price meals as factors used in such teacher evaluations Article III, Section 13 of the Constitution of Louisiana. and charter school enrollment requirements; and to provide for related Be it enacted by the Legislature of Louisiana: matters. Section 1. R.S. 47:337.14(E) is hereby amended and reenacted to read as Be it enacted by the Legislature of Louisiana: follows: Section 1. R.S. 17:3882(4) through (7), 3902(B)(5), 3991(B)(1)(a)(i) and (b)(i), §337.14. Central collection commission and 3997(D)(2) are hereby amended and reenacted and R.S. 17:3882(8) and * * * 3973(4) are hereby enacted to read as follows: E.(1) Notwithstanding any other provision of this Section to the contrary, §3882. Definitions. the central collection commission of the parish of St. Landry shall be For the purposes of this Part, the following definitions shall apply: composed of nine members selected as follows: * * * (1) (a) The parish school board shall select two representatives one (4) “Economic disadvantage” means any one of the following characteristics representative. of a student: (2) (b) The solid waste commission shall select two representatives one (a) Is eligible for Louisiana’s food assistance program for low-income representative. families. (3) (c) The city of Opelousas shall select two representatives one (b) Is eligible for Louisiana’s disaster food assistance program. representative. (c) Is eligible for Louisiana’s program for assistance to needy families with (4) (d) The city of Eunice shall select one representative. children to assist parents in becoming self-sufficient. (5) (e) Two at-large members shall be selected to the commission by the St. (d) Is eligible for Louisiana’s healthcare program for families and Landry Parish Municipal Association. individuals with limited financial resources. (f) The parish governing authority shall select one representative. (e) Is eligible for reduced price meals based on the latest available data. (g) The parish sheriff shall select one representative. (f) Is an English Language Learner. (h) The St. Landry Economic and Industrial Development District shall (g) Is identified as homeless or migrant pursuant to the McKinney-Vento select one representative. Homeless Children and Youth Assistance Act and the Migrant Education (2) The central collection commission of the parish of St. Landry shall Program within the Elementary and Secondary Education Act. be representative of the parish’s population by race and gender to ensure (h) Is incarcerated with the office of juvenile justice or in an adult facility. diversity. (i) Has been placed into the custody of the state. Approved by the Governor, June 12, 2017. (4) (5) “Evaluation” means the process by which a local board monitors the A true copy: continuing performance of its teachers and administrators. Tom Schedler (5) (6) “Local board” means a city, parish, or other local public school Secretary of State board. ------(6) (7) “Performance expectations” means the elements of effective leadership approved by the board that shall be included as evaluation ACT No. 135 criteria for all building-level administrators. - - - (7) (8) “Teacher” or “Administrator” means any person whose employment HOUSE BILL NO. 120 requires professional certification issued under the rules of the board. BY REPRESENTATIVE JACKSON * * * AN ACT §3902. Evaluation program; process To amend and reenact R.S. 13:5530(A)(1), (2), (4), and (12)(a), (b), and (c), relative * * * to sheriffs; to provide for an increase in certain fees in civil matters; to B. The elements of evaluation and standards for effectiveness shall be provide for a contingent effective date; and to provide for related matters. defined by the board pursuant to rules and regulations promulgated for Be it enacted by the Legislature of Louisiana: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 54 (House Bills) and underscored and boldfaced (Senate Bills) are additions. such purpose. Such rules and regulations shall require that, at a minimum, less than the percentage of the total of pupils students enrolled in the local evaluation plans contain the following elements: school in the school year prior to the establishment of the charter school * * * that who were eligible to participate in the federal free and reduced cost (5) Measure of effectiveness. Fifty percent of such evaluations shall be lunch program economically disadvantaged, and shall be equal to not less based on evidence of growth in student achievement as determined by the than the percentage of the total of pupils students enrolled in the school in board. Data derived from a value-added assessment model, as determined the school year prior to the establishment of the charter school who were by the state board, shall be a factor in determining evidence of student identified as a student with an exceptionality as defined in R.S. 17:1942, not growth for grade levels and subjects for which value-added data is available including gifted and talented. and shall comprise thirty-five percent of the overall evaluation. For grade * * * levels and subjects for which value-added data is not available and for §3997. Charter school employees personnel for whom value-added data is not available, the board shall * * * establish measures of student growth. The model shall take into account D. important student factors, including but not limited to special education, * * * eligibility for free or reduced price meals economic disadvantage, student (2) Fifty percent of each teacher and administrator evaluation conducted attendance, and student discipline. However, neither the value-added pursuant to Paragraph (1) of this Subsection shall be based on evidence model nor the measures of student growth for grade levels and subjects for of growth in student achievement as determined by the state board. Data which value-added data are not available shall, in any given year, include a derived from a value-added assessment model, as determined by the state test score or data of a student who has ten or more unexcused absences in board, shall be a factor in determining evidence of student growth for any school semester in that year. The state board shall develop and adopt a grade levels and subjects for which value-added data is available and shall policy to invalidate such student growth data for any teacher for any school comprise thirty-five percent of the overall evaluation. For grade levels and year in which there is a natural disaster or any other unexpected event that subjects for which value-added data is not available, the state board shall results in the temporary closure of the school. establish measures of student growth. The model shall take into account * * * important student factors, including but not limited to special education, §3973. Definitions eligibility for free or reduced price meals economic disadvantage, student As used in this Chapter, the following words, terms, and phrases shall attendance, and student discipline. The state board shall develop and have the meanings ascribed to them in this Section except when the context adopt a policy to invalidate such student growth data for any teacher for clearly indicates a different meaning: any school year in which there is a natural disaster or any other unexpected * * * event that results in the temporary closure of the school. (4) “Economically disadvantaged” means any one of the following * * * characteristics of a student: Section 2. R.S. 17:3973(1) is hereby repealed in its entirety. (a) Is eligible for Louisiana’s food assistance program for low-income Approved by the Governor, June 12, 2017. families. A true copy: (b) Is eligible for Louisiana’s disaster food assistance program. Tom Schedler (c) Is eligible for Louisiana’s program for assistance to needy families with Secretary of State children to assist parents in becoming self-sufficient. ------(d) Is eligible for Louisiana’s healthcare program for families and individuals with limited financial resources. ACT No. 137 (e) Is eligible for reduced price meals based on the latest available data. - - - (f) Is an English Language Learner. HOUSE BILL NO. 140 (g) Is identified as homeless or migrant pursuant to the McKinney-Vento BY REPRESENTATIVE GREGORY MILLER Homeless Children and Youth Assistance Act and the Migrant Education AN ACT Program within the Elementary and Secondary Education Act. To amend and reenact R.S. 47:1965 and to enact R.S. 40:36(H), relative to (h) Is incarcerated with the office of juvenile justice or in an adult facility. records relating to ad valorem tax assessments; to require the registrar (i) Has been placed into the custody of the state. of vital records to provide information to assessors concerning deaths * * * occurring in the state; to provide with respect to requirements and §3991. Charter schools; requirements; limitations; renewal; amendment; procedures; to provide for effectiveness; and to provide for related matters. revocation Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 40:36(H) is hereby enacted to read as follows: B. Each proposed char ter shall contain or make provision for the following: §36. State registrar as custodian (1)(a)(i) That for Type 1 and Type 2 charter schools created as new schools, * * * and charter schools created as a result of a conversion after the 2011-2012 H. The state registrar of vital records shall provide a monthly report to school year, the percentage of the total number of pupils students enrolled in each assessor concerning the deaths which occurred in the state during the the charter school based on the October firstpupil student membership who preceding calendar month, as provided for in R.S. 47:1965. are at-risk, in the manner provided in R.S. 17:3973(1)(a) and (e), economically Section 2. R.S. 47:1965 is hereby amended and reenacted to read as follows: disadvantaged and students with exceptionalities as defined in R.S. 17:1942, §1965. Listing and assessing of property in name of deceased owner not including gifted and talented, shall be equal to not less than eighty-five A. Any assessment made in the name of a party deceased shall be good percent of the average percentage of pupils students enrolled in the local and valid throughout the state unless notification in writing of the death public school districts from which the charter school enrolls its students who and of whether or not the succession has been opened and when and where, are eligible to participate in the federal free and reduced lunch program shall have been made in due season to the assessor by the heirs or parties economically disadvantaged, and shall be equal to not less than eighty-five interested. In all cases property assessed in the name of the owner as percent of the average percentage of pupils students enrolled in the local appears on the record of the recorder of mortgages at the date of listing public school districts from which the charter school enrolls its students shall be deemed properly assessed. who have been identified as a student with an exceptionality as defined in B. By the tenth day of each month, the state registrar of vital records shall R.S. 17:1942, not including gifted and talented. The remaining number of send to each assessor a report, certified as correct over his signature or the pupils enrolled in the charter school which would be required to have the signature of his authorized representative, containing the name, address, same percentage of at-risk pupils as the percentage of pupils in the district date of birth, sex, and the last four digits of the social security number, as such who are eligible to participate in the federal free and reduced cost lunch information exists in the database of the Louisiana Department of Health, program or who have been identified as a student with an exceptionality as of any person sixteen years of age or older who died in the state within the defined in R.S. 17:1942, not including gifted and talented, may be comprised preceding calendar month. The format and method of transmission of the of pupils who are at-risk as is otherwise provided in R.S. 17:3973(1). For the report shall be determined by the registrar of vital records. purposes of fulfilling the provisions of this Section, theat-risk economically Approved by the Governor, June 12, 2017. disadvantaged and students with exceptionalities percentage for the city or A true copy: parish school system local public school district shall remain fixed during Tom Schedler the term of the approved charter at the percentage which existed during Secretary of State the school year that the charter proposal was approved, unless otherwise ------specified in the charter that the charter school will reflect the current year’s at-risk percentage. or renewed. ACT No. 138 * * * - - - (b)(i) That for Type 2 charter schools created as a result of a conversion, HOUSE BILL NO. 142 Type 3 and Type 4 charter schools, during or prior to the 2011-2012 school BY REPRESENTATIVE PUGH year, the percentage of the total number of pupils students enrolled in the AN ACT charter school based on the October first pupil student membership who To provide for a special statewide election to be held on October 14, 2017, are at-risk, in the manner provided in R.S. 17:3973(1)(a) and (e), economically for the purpose of submitting proposed constitutional amendments to the disadvantaged and students with exceptionalities as defined in R.S. 17:1942, electors of the state; to provide for the conduct of such election; and to not including gifted and talented, unless otherwise agreed to as part of provide for related matters. the charter agreement, by the chartering authority, shall be equal to not Be it enacted by the Legislature of Louisiana: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 55 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Section 1. A special statewide election shall be held on Saturday, October weeds, or other deleterious or unhealthful growths, trash, debris, refuse, or 14, 2017, for the purpose of submitting to the electors of the state proposed discarded or noxious matter. constitutional amendments as contained in joint resolutions concurred (ii) In the exercise of the authority herein granted by this Subparagraph, in by each house of the legislature during the 2017 Regular Session of the the parish governing authority may, among other things, but not by way of Legislature of Louisiana. limitation, require or compel property owners to cut or remove such grass, Section 2. The election for which provision is made in this Act shall be obnoxious weeds, or other deleterious or unhealthful growths, trash, debris, held in compliance with and subject to the applicable provisions of the refuse, or discarded or noxious matter on their property. Louisiana Election Code. (iii) If the owner of any lot located within recognized subdivisions outside Section 3. This Act shall become effective upon signature by the governor municipalities in the parish fails to cut or remove such matter when requested or, if not signed by the governor, upon expiration of the time for bills to to do so by the governing authority, within fifteen days after receipt of such become law without signature by the governor, as provided in Article III, request or notice by a registered or certified letter or other adequate notice, Section 18 of the Constitution of Louisiana. If vetoed by the governor and the governing authority may have such matter cut or removed and may subsequently approved by the legislature, this Act shall become effective on charge such property owner in accordance with regulations adopted by the the day following such approval. governing authority. Section 4. This Act shall be void and of no effect if no proposed (iv) Upon failure of any such property owner to pay the charges, the constitutional amendment as contained in a joint resolution that specifies governing authority may file a certified copy of said the charges with the the special statewide election provided in this Act as the statewide election recorder of mortgages, and the same, when so filed and recorded, shall at which the proposed constitutional amendment shall be submitted to the operate as a lien and privilege in favor of the parish against the property on electors is concurred in by each house of the legislature during the 2017 which said the matter was cut or removed. In the parish parishes of Jefferson Regular Session of the Legislature of Louisiana. and in any parish with a population of not less than thirty-five thousand Approved by the Governor, June 12, 2017. eight hundred persons and not more than thirty-nine thousand persons A true copy: according to the latest federal decennial census St. Bernard, the lien and Tom Schedler privilege granted under this Paragraph, when recorded within sixty days Secretary of State from the date of completion of the cutting or removal, shall have the same ------ranking as an ad valorem tax lien on immovable property as provided in R.S. 9:4821(1). R.S. 9:4821(A)(1). ACT No. 139 (v) The parish may, at its option, enact ordinances to add cutting and - - - removal charges to the annual ad valorem tax bill of the property involved. HOUSE BILL NO. 146 In the parish parishes of Jefferson and in any parish with a population of BY REPRESENTATIVE DEVILLIER not less than thirty-five thousand eight hundred persons and not more than AN ACT thirty-nine thousand persons according to the latest federal decennial To enact R.S. 46:1053(C)(2)(h), relative to Hospital Service District No. 1 of St. census St. Bernard, if such charges are unpaid, the ad valorem tax lien Landry Parish; to provide relative to the per diem paid to members of the imposed thereby and such rights attendant thereto shall coexist with governing board of the district; and to provide for related matters. those granted under Paragraph (21)(b)(iv) of this Section Item (iv) of this Notice of intention to introduce this Act has been published as provided by Subparagraph. Article III, Section 13 of the Constitution of Louisiana. (vi) In the event that If such ordinances are enacted, the sheriff effecting Be it enacted by the Legislature of Louisiana: collection shall be reimbursed by the governing authority for an amount Section 1. R.S. 46:1053(C)(2)(h) is hereby enacted to read as follows: equal to fifteen percent of the amount of such charges actually collected §1053. Commission; qualification of members; appointment; vacancies; from the property owner. This collection charge shall be in addition to such compensation; removal of commissioners; certain powers charges and shall also be added to the ad valorem tax bill of the property * * * involved. C. (vii) In the exercise of the authority herein granted by this Subparagraph * * * to the parish parishes of Jefferson and to any parish with a population of (2) not less than thirty-five thousand eight hundred persons and not more than * * * thirty-nine thousand persons according to the latest federal decennial (h) Notwithstanding any other provision of law to the contrary, the census St. Bernard, the respective parish shall be the sole and proper governing authority of St. Landry Parish may permit a per diem to each defendant in any action, authorized by law, to contest the addition of such member of the commission of Hospital Service District No. 1 of St. Landry charges to the ad valorem tax bill of the property involved. Parish in an amount of not less than forty dollars nor more than one hundred * * * dollars for each day of attendance at meetings of the commission, not to (30) exceed twelve meetings per year, payable out of the funds of the hospital * * * service district. (b)(i) In the exercise of the authority granted herein by this Paragraph, * * * the governing authority of the parishes of Jefferson, Ouachita, Calcasieu, Approved by the Governor, June 12, 2017. Ascension, and St. Tammany, and of parishes with a population of not less A true copy: than thirty-five thousand eight hundred persons and not more than thirty- Tom Schedler nine thousand persons according to the latest federal decennial census St. Secretary of State Bernard may require or compel property owners to remove trash, debris, ------junk, wrecked or used automobiles, or motor vehicles, or any part or parts thereof, or any other junk, discarded or abandoned machinery or other ACT No. 140 metal, tin, or other discarded items on their property, when such items are - - - being stored or kept in violation of any zoning or other regulatory ordinance. HOUSE BILL NO. 147 (ii) If the owner of any such lot located within recognized subdivisions BY REPRESENTATIVE GAROFALO outside municipalities in the parish fails to remove any such item or items AN ACT when requested to do so by the governing authority, within fifteen days after To amend and reenact R.S. 33:1236(21)(b) and (30)(b), relative to St. Bernard receipt of such request or notice by a registered or certified letter or other Parish; to authorize the parish governing authority to enact ordinances adequate notice, the governing authority may have such trash, debris, junk, requiring property owners to remove deleterious growths, trash, debris, or wrecked or used automobiles, motor vehicles, or any part or parts thereof, and other noxious matter; to provide relative to liens granted in favor of or any other junk, discarded or abandoned machinery, or other metal, tin, or the parish governing authority with respect to such properties; and to other discarded items removed and may charge the property owner therefor provide for related matters. in accordance with regulations adopted by the governing authority. Notice of intention to introduce this Act has been published as provided by (iii) Upon failure of any such property owner to pay the charges, the Article III, Section 13 of the Constitution of Louisiana. governing authority may file a certified copy of the charges with the recorder Be it enacted by the Legislature of Louisiana: of mortgages, and the copy when so filed and recorded, shall operate as a Section 1. R.S. 33:1236(21)(b) and (30)(b) are hereby amended and reenacted lien and privilege in favor of the parish against the property from which to read as follows: the items were removed. In the parishes of Jefferson, Ascension, and St. §1236. Powers of parish governing authorities Tammany, and in any parish with a population of not less than thirty-five The police juries and other parish governing authorities shall have the thousand eight hundred persons and not more than thirty-nine thousand following powers: persons according to the latest federal decennial census St. Bernard, the * * * lien and privilege granted under this Paragraph, when recorded within (21) sixty days from the date of completion of the removal of the items, shall * * * have the same ranking as an ad valorem tax lien on immovable property as (b)(i) The governing authority of the parish parishes of Jefferson and provided in R.S. 9:4821(1). R.S. 9:4821(A)(1). of any parish with a population of not less than thirty-five thousand eight (iv) The parish may, at its option, enact ordinances to add the removal hundred persons and not more than thirty-nine thousand persons according charges to the annual ad valorem tax bill of the property involved. In the to the latest federal decennial census St. Bernard may enact ordinances parishes of Jefferson, Ascension, and St. Tammany, and in any parish with a regulating or prohibiting the growth or accumulation of grass, obnoxious population of not less than thirty-five thousand eight hundred persons and THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 56 (House Bills) and underscored and boldfaced (Senate Bills) are additions. not more than thirty-nine thousand persons according to the latest federal Thence along aforementioned re-aligned centerline of Bayou Callahan decennial census St. Bernard, if such charges are unpaid, the ad valorem North 66 degrees 22 minutes 25 seconds West a distance of 226.19 feet to tax lien imposed thereby and such rights attendant thereto shall coexist Point “B”; with those granted under Item (iii) of this Subparagraph. Thence continue along the re-aligned centerline of Bayou, North 68 (v) In the event that If such ordinances are enacted, the sheriff effecting degrees 14 minutes 32 seconds West a distance of 391.01 feet to Point “C”; collection shall be reimbursed by the governing authority for an amount Thence North 08 degrees 50 minutes 08 seconds East a distance of 1224.69 equal to fifteen percent of the amount of such charges actually collected feet to Point “D”, the point of beginning, containing an area of 17.83 acres, from the property owner. This collection charge shall be in addition to such and as more particularly shown on Map File No 1-321-1, dated January, 1971, charges and shall also be added to the ad valorem tax bill of the property prepared by Louisiana Department of Public Works. involved. Being a part of the same property acquired by Linwood Realty Company, (vi) In the exercise of the authority herein granted by this Subparagraph Inc., from Kenneth Boagni by Act dated June 22, 1962, recorded in COB G-13, to the parishes of Jefferson, Ascension, and St. Tammany, and to any parish page 366, of public records of St. Landry Parish, Louisiana. with a population of not less than thirty-five thousand eight hundred persons Section 2. The secretary of the Louisiana Department of Health is and not more than thirty-nine thousand persons according to the latest hereby authorized to enter into such agreements, covenants, conditions, federal decennial census St. Bernard, the respective parish shall be the and stipulations and to execute such documents as necessary to properly sole and proper defendant in any action, authorized by law, to contest the effectuate any conveyance, transfer, assignment, lease, or delivery of title, addition of such charges to the ad valorem tax bill of the property involved. excluding mineral rights, to the property described in Section 1 of this Act, * * * and as more specifically described in any such agreements entered into Approved by the Governor, June 12, 2017. and documents executed by and between the secretary of the Louisiana A true copy: Department of Health and the St. Landry Parish School Board, in exchange Tom Schedler of consideration proportionate to the appraised value of the property. Secretary of State Section 3. This Act shall become effective upon signature by the governor ------or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, ACT No. 141 Section 18 of the Constitution of Louisiana. If vetoed by the governor and - - - subsequently approved by the legislature, this Act shall become effective on HOUSE BILL NO. 154 the day following such approval. BY REPRESENTATIVE CARPENTER Approved by the Governor, June 12, 2017. AN ACT A true copy: To enact R.S. 13:5713(M), relative to autopsy reports; to provide relative to Tom Schedler the disclosure of information related to an autopsy; and to provide for Secretary of State related matters. ------Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:5713(M) is hereby enacted to read as follows: ACT No. 143 §5713. Duty to hold autopsies, investigations, etc. - - - * * * HOUSE BILL NO. 168 M. Upon request, the Department of Children and Family Services shall BY REPRESENTATIVE CARPENTER be entitled to obtain at no charge the name, age, preliminary diagnosis, AN ACT and manner of death of a deceased minor from the office of the coroner To amend and reenact R.S. 18:171(C)(1) and (2), relative to reports to election conducting the autopsy while the final autopsy is pending. officials concerning persons with felony convictions; to provide relative to Section 2. This Act shall become effective upon signature by the governor the duties of registrars of voters and officials in the Department of State or, if not signed by the governor, upon expiration of the time for bills to and the Department of Public Safety and Corrections relative to such become law without signature by the governor, as provided by Article III, reports; to provide for the information required to be reported; to provide Section 18 of the Constitution of Louisiana. If vetoed by the governor and deadlines for such reports; and to provide for related matters. subsequently approved by the legislature, this Act shall become effective on Be it enacted by the Legislature of Louisiana: the day following such approval. Section 1. R.S. 18:171(C)(1) and (2) are hereby amended and reenacted to Approved by the Governor, June 12, 2017. read as follows: A true copy: §171. Report of convictions of felony Tom Schedler * * * Secretary of State C.(1) By January 1, 1992, the The secretary of the Department of Public ------Safety and Corrections shall send to the Department of State a report, certified as correct over his signature or the signature of his authorized ACT No. 142 representative, containing the name, date of birth, sex, and address as such - - - information exists in the database of any person who has a felony conviction HOUSE BILL NO. 158 and who is currently under the custody or supervision of the Department of BY REPRESENTATIVE DUSTIN MILLER Public Safety and Corrections. AN ACT (2) Beginning February 1992, the The secretary of the Department of To authorize and provide for the transfer of certain state property; to Public Safety and Corrections shall send to the Department of State a authorize the transfer of certain state property in St. Landry Parish; to supplemental report reports, certified as correct over his signature or the provide for the property description; to provide for reservation of mineral signature of his authorized representative, containing the name, date of rights; to provide terms and conditions; to provide an effective date; and to birth, sex, and address as such information exists in the database of any provide for related matters. person who has a felony conviction, who is currently under the custody or Be it enacted by the Legislature of Louisiana: supervision of the Department of Public Safety and Corrections, and whose Section 1. The secretary of the Louisiana Department of Health, name was not on the report sent by January 1, 1992, pursuant to Paragraph (1) notwithstanding any other provision of law to the contrary, is hereby of this Subsection or on any subsequent supplemental report. The secretary authorized and empowered to convey, transfer, assign, lease, or deliver any shall also indicate in the supplemental reports each person who has a felony interest, excluding mineral rights, the state may have to all or any portion conviction and who has been released from the custody or supervision of the of the following described parcel of property to the St. Landry Parish School Department of Public Safety and Corrections and whether the individual Board: has been granted or is eligible to be granted a first offender pardon. Such A certain tract of land lying and being situated near Opelousas in the supplemental report reports shall be sent to the Department of State on Parish of St. Landry, Louisiana, located in Sections 32, 33 and 138, Township no less than a quarterly basis. Upon receipt of any supplemental report, 6 South, Range 4 East, Southwestern Land District, and more particularly the Department of State shall confirm that the information therein has described as follows: been entered into the department’s databases and provide for correction, Commencing at the northwest corner of Linwood Subdivision, Block A, if necessary. said corner being on the Easterly right of way of Cottonwood Street at its * * * intersection with Judson Walsh Drive; Section 2. This Act shall become effective February 1, 2018. Thence South 08 degrees, 50 minutes 08 seconds West a distance of 998.90 Approved by the Governor, June 12, 2017. feet to Point “D”, being the Northwest corner of tract and the point of A true copy: beginning; Tom Schedler Thence South 81 degrees 10 minutes 07 seconds East a distance of 599.69 Secretary of State feet to Point “E”, being the North east corner of tract; ------Thence South 08 degrees 49 minutes 51 seconds West a distance of 1369.92 feet to Point “A” being on the centerline of Bayou Callahan as re-aligned by the Louisiana Department of Public Works under Contract No. 6221;

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 57 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 144 AND ZERINGUE AND SENATORS ALARIO, ALLAIN, APPEL, BARROW, - - - BOUDREAUX, CARTER, CHABERT, CLAITOR, COLOMB, CORTEZ, HOUSE BILL NO. 193 DONAHUE, ERDEY, FANNIN, GATTI, HEWITT, JOHNS, LAFLEUR, BY REPRESENTATIVE JIM MORRIS LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, AN ACT MORRELL, PEACOCK, PERRY, PETERSON, RISER, GARY SMITH, JOHN To designate a bridge located on Louisiana Highway 2 in Caddo Parish as SMITH, TARVER, THOMPSON, WALSWORTH, WARD, AND WHITE the “Hart’s Ferry Bridge”; and to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To amend and reenact R.S. 4:715(B)(2), R.S. 14:32(D)(3) and 39(D)(3), R.S. Section 1. The Louisiana Highway 2 bridge which crosses over James 17:43(B)(2) and 1942(B), R.S. 21:51(C) and 52(A) and (B), R.S. 22:245, 1027(A), Bayou in Caddo Parish shall be hereinafter known and designated as the and 1038(C)(2)(a) and (E), R.S. 36:259(N), R.S. 37:2446.1(B)(7) and 2651(7)(b) “Hart’s Ferry Bridge”. (v)(hh), R.S. 40:1580.1(A) and 2208, R.S. 42:1119(B)(2)(a)(i), R.S. 45:1355(A), Section 2. The Department of Transportation and Development and its the heading of Chapter 30-A of Title 46 of the Louisiana Revised Statutes contractors are hereby directed to erect and maintain appropriate signage of 1950, R.S. 46:2261, 2262(A) and (C), 2262.1(introductory paragraph), reflecting this designation provided local or private monies are received (4), and (12), 2263(3), (4), and (6) through (8), 2264(A), (C), and (D), 2265(A) by the department equal to the department’s actual costs for the material, (introductory paragraph), (9), and (10), 2266(1) and (3) through (5), 2352(7) fabrication cost, mounting posts, and installation required for installation (a) and (10)(a)(introductory paragraph), 2361, 2362(2) through (6), 2363 of each sign, not to exceed the sum of five hundred fifty dollars per sign. through 2365, 2367, 2368(B), and 2372, R.S. 47:6301(A)(3), the heading of Part Section 3. This Act shall become effective upon signature by the governor X of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950, R.S. or, if not signed by the governor, upon expiration of the time for bills to 49:181(A), and Code of Criminal Procedure Article 401.1(B)(introductory become law without signature by the governor, as provided by Article III, paragraph), relative to terminology referring to the deaf and hard of Section 18 of the Constitution of Louisiana. If vetoed by the governor and hearing; to delete and make substitutions for terms which are derogatory, subsequently approved by the legislature, this Act shall become effective on inaccurate, or obsolete; to provide for consistency in usage of terms the day following such approval. referring to the deaf and hard of hearing and to hearing loss; to provide Approved by the Governor, June 12, 2017. for revision of terminology relative to the deaf and hard of hearing in A true copy: administrative rules, policy documents, professional resources, reference Tom Schedler materials, manuals, and other publications; to provide for legislative Secretary of State intent; to provide for construction; and to provide for related matters. ------Be it enacted by the Legislature of Louisiana: Section 1. R.S. 4:715(B)(2) is hereby amended and reenacted to read as ACT No. 145 follows: - - - §715. Personnel to hold games; commissions or salaries; equipment and HOUSE BILL NO. 230 supplies; expenses BY REPRESENTATIVE STOKES * * * AN ACT B. To amend and reenact R.S. 47:716.1 and 818.2(4), relative to aviation gasoline; * * * to provide for the definition of aviation gasoline; and to provide for related (2) Notwithstanding any provision of law to the contrary, any person, matters. association, or corporation licensed to hold, operate, or conduct any games Be it enacted by the Legislature of Louisiana: of chance that benefit persons with visual or hearing impairments, hearing Section 1. R.S. 47:716.1 and 818.2(4) are hereby amended and reenacted to loss, paraplegia, quadriplegia, intellectual disabilities, or persons sixty read as follows: years of age or older, under any license issued pursuant to this Chapter, may §716.1. Exclusions and exemptions; aviation gasoline compensate for services rendered, any fifteen employees who assist in the Aviation gasoline commonly used for propelling aircraft shall be exempt holding, operating, or conducting of such games. The rate of compensation from the tax levied by this Part. For the purpose of this Section, aviation shall be no more than fifteen dollars per hour and in any event shall not gasoline shall be defined as set forth in specification Number D 910 of the exceed ninety dollars per session for any employee. Each employee or American Society for Testing and Materials. “aviation gasoline” shall volunteer worker may also be provided meals and beverages to be eaten mean any gasoline which is intended for or primarily used for propelling on the premises not to exceed a total value of fifteen dollars per person. aircraft, which is invoiced as aviation gasoline or is received, sold, stored, Expenditures made under the provisions of this Subsection shall be subject or withdrawn from storage by any person for the purpose of propelling to the reporting provisions of R.S. 4:716. Compensation provided for in aircraft. Motor fuel intended for and primarily used for propelling motor this Subsection shall not constitute a violation of the prohibition against vehicles is not aviation gasoline. the payment or giving of a commission, salary, compensation, reward, or * * * recompense to any person holding, operating, or conducting, or assisting in §818.2. Definitions the holding, operation, or conduct of any such game. As used in this Part, unless the context requires otherwise, the following Section 2. R.S. 14:32(D)(3) and 39(D)(3) are hereby amended and reenacted terms have the meanings ascribed herein: to read as follows: * * * §32. Negligent homicide (4) “Aviation gasoline” means motor fuel designed for use in the operation * * * of aircraft other than jet aircraft and sold or used for that purpose and that D. The provisions of this Section shall not apply to: conforms to the D-910 specification in the American Society of Testing and * * * Materials (ASTM) standards any gasoline that is intended for or primarily (3) Any guide or service dog trained at a qualified dog guide or service used for propelling aircraft, which is invoiced as aviation gasoline or is school who is accompanying any blind person, visually impaired person, received, sold, stored, or withdrawn from storage by any person for the deaf person, hearing impaired person who is deaf or hard of hearing, or purpose of propelling aircraft. Aviation gasoline shall not mean motor fuel person with any other physical disability who is using the dog as a guide or intended for and primarily used for propelling motor vehicles. for service. * * * * * * Section 2. This Act shall become effective July 1, 2017. §39. Negligent injuring Approved by the Governor, June 12, 2017. * * * A true copy: D. The provisions of this Section shall not apply to: Tom Schedler * * * Secretary of State (3) Any guide or service dog trained at a qualified dog guide or service ------school who is accompanying any blind person, visually impaired person, deaf person, hearing impaired person who is deaf or hard of hearing, or ACT No. 146 person with any other physical disability who is using the dog as a guide or - - - for service. HOUSE BILL NO. 253 * * * BY REPRESENTATIVES SMITH, ABRAHAM, AMEDEE, BACALA, BAGLEY, Section 3. R.S. 17:43(B)(2) and 1942(B) are hereby amended and reenacted BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BISHOP, BOUIE, CHAD to read as follows: BROWN, TERRY BROWN, CARMODY, CARPENTER, GARY CARTER, §43. Special schools defined; benefits for certificated teachers; legislative ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK, COUSSAN, policy COX, CROMER, DEVILLIER, DWIGHT, EMERSON, FALCONER, FOIL, * * * FRANKLIN, GAINES, GAROFALO, GISCLAIR, GLOVER, GUINN, HALL, B. JIMMY HARRIS, HAVARD, HENSGENS, HILFERTY, HOFFMANN, * * * HORTON, HOWARD, HUNTER, HUVAL, JACKSON, JAMES, JEFFERSON, (2) Teachers at the Louisiana Schools for the Deaf and Visually Impaired JENKINS, JOHNSON, JORDAN, NANCY LANDRY, LEBAS, LEOPOLD, may attain tenure in the educational program, either the educational LYONS, MARINO, MCFARLAND, DUSTIN MILLER, GREGORY MILLER, program for the hearing impaired d e a f a n d h a r d o f h e a r i n g o r t h e e du c a t io n a l MORENO, JIM MORRIS, PEARSON, POPE, PRICE, PYLANT, RICHARD, program for the visually impaired, for which they are certified. Teachers at SCHRODER, SHADOIN, STAGNI, STEFANSKI, THIBAUT, THOMAS, the Louisiana Special Education Center may attain tenure at the Louisiana THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 58 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Special Education Center. Teachers in Special School Programs may attain (2)(a) An entity subject to this Section may limit the benefit payable under tenure in Special School Programs. Paragraph (1) of this Subsection to one thousand and four hundred dollars * * * per hearing aid for each hearing-impaired ear with hearing loss every §1942. Definitions thirty-six months. * * * * * * B. A “student with an exceptionality”, including a student with a disability, E. The provisions of this Section shall apply to any new policy, contract, is any student who is evaluated according to state and federal regulation program, or plan issued by an entity subject to the provisions of this Section or policy and is deemed to have a mental disability, hearing impairment on or after January 1, 2004. Any such policy, contract, program, or plan in loss (including deafness), multiple disabilities, deaf-blindness, speech or effect prior to January 1, 2004, shall convert to the provisions of this Section language impairment, visual impairment (including blindness), emotional on or before the renewal date but in no event later than January 1, 2005. Any disturbance, orthopedic impairment, other health impairment, specific policy affected by the provisions of this Section shall apply to an insured learning disability, traumatic brain injury, autism, or as is deemed to be or participant under such policy, contract, program, or plan whether or not gifted or talented, and as a result requires special education and related the hearing impairment loss is a pre-existing condition of the insured or services. A student with an exceptionality may include, as determined by participant. the local education agency, a student experiencing developmental delay * * * ages three through eight. Section 6. R.S. 36:259(N) is hereby amended and reenacted to read as * * * follows: Section 4 . R .S. 21:51(C) a nd 52 (A) a nd ( B) a re hereby a mended a nd reenacted §259. Transfer of agencies and functions to Louisiana Department of to read as follows: Health §51. Pet animals; prohibitions relative to hotels and motels; penalty; * * * exemptions N. The advisory council for the program of early identification of deaf or * * * hard of hearing impaired infants (R.S. 46:2261 et seq.) is placed within the C. This Section shall not apply to guide dogs or service dogs used by Louisiana Department of Health and shall exercise and perform its powers, blind persons, visually impaired persons, deaf persons, hearing impaired duties, functions, and responsibilities as provided by or pursuant to law. persons who are deaf or hard of hearing, and other persons with physical * * * disabilities who have been taught to use such dogs at a qualified dog guide Section 7. R.S. 37:2446.1(B)(7) and 2651(7)(b)(v)(hh) are hereby amended or service school. and reenacted to read as follows: §52. Guide or service dog; rights and privileges of owners and trainers; §2446.1. Continuing education requirement penalties for violations * * * A. Any blind person, visually impaired person, deaf person, hearing B. Among those subjects which shall be approved by the board as impaired person who is deaf or hard of hearing, or person with any other categories of study toward completion of the annual requirement of physical disability who is accompanied by a properly controlled dog which continuing education are: such person has been taught to use as a guide or for service at a qualified * * * dog guide or service school, or any person who is qualified to provide (7) Allied professional disciplines relating to the hearing impaired deaf training for a guide dog or service animal and is accompanied by a guide dog or hard of hearing and hearing aid devices may be approved by the board. in training, is entitled to the full and equal accommodations, advantages, * * * facilities, and privileges of all public accommodation, amusement, or §2651. Definitions resort, and other places to which the general public is invited, and shall As used in this Chapter: be entitled to take such dog into such conveyances and places, subject only * * * to the accommodations and limitations applicable to all persons not so (7) accompanied, provided that the dog shall not occupy a seat in any public * * * conveyance. (b) An individual who meets the requirements of this Chapter for licensure B. Any person, firm, or corporation, or agent, representative, or employee as an audiologist and who engages in the fitting and selling of hearing aids of any person, firm, or corporation who deprives any blind person, visually shall: impaired person, deaf person, hearing impaired person who is deaf or * * * hard of hearing, or person with any other physical disability, or any person (v) Provide documentation of completion of at least thirty semester credit who is accompanied by a guide dog in training of any right conferred by hours of professional coursework, twenty-one hours of which shall be in Subsection A of this Section, shall be deemed guilty of a misdemeanor, and audiology. A minimum of six semester credit hours shall be in specific areas upon conviction thereof, shall be fined a sum not to exceed five hundred in amplification, including: dollars, or be imprisoned in the parish jail for a period not to exceed ninety * * * days, or both, within the discretion of the judge; and for every such offense ( h h) R eh abi l it at ive pr o ce du r e s , s uch a s he a r i n g a id or ient at ion , cou n s el i n g such person shall forfeit and pay a sum not to exceed five hundred dollars of hearing impaired individuals who are deaf or hard of hearing and their to any person aggrieved thereby, to be recovered in any court of competent families, speechreading, and auditory training. jurisdiction in the parish where such offense was committed. * * * * * * Section 8. R.S. 40:1580.1(A) and 2208 are hereby amended and reenacted Section 5. R.S. 22:245, 1027(A), and 1038(C)(2)(a) and (E) are hereby amended to read as follows: and reenacted to read as follows: §1580.1. Fire alarms; hotel or motel rooms §245. Hearing impaired interpreter Interpreter services for the deaf and A. Every new or renovated hotel or motel room shall have sleeping rooms hard of hearing; expenses; requirement equipped with approved fire detection and alarm systems for the deaf or As a requirement for authorization to do business in this state pursuant hard of hearing impaired in case of fire in accordance with the requirements to R.S. 22:244, all health maintenance organizations shall provide coverage of Section 9 of the Americans with Disabilities Act Accessibility Guidelines for expenses incurred by any hearing impaired enrollee who is deaf or hard (ADAAG) table 9.1.2 and 9.1.3. of hearing for services performed by a qualified interpreter/transliterator, * * * other than a family member of the enrollee, when such services are §2208. Hearing impaired interpreter Interpreter services for the deaf and used by the enrollee in connection with medical treatment or diagnostic hard of hearing; expenses; coverage consultations performed by a health care healthcare provider. As a requirement for authorization to do business in this state pursuant to * * * R.S. 40:2203, all preferred provider organizations shall provide coverage for §1027. Hearing-impaired interpreter Interpreter services for the deaf and expenses incurred by any hearing impaired covered patient who is deaf or hard of hearing; expenses hard of hearing for services performed by a qualified interpreter/translator, A . A n y ho s pit a l or me d ic a l ex p en s e i n s u r a nce p ol ic y del iver e d or i s s ue d for other than a family member of the covered patient, when such services delivery in this state on or after December 1, 1991, shall contain a provision are used by the covered patient in connection with medical treatment or or endorsement requiring payment for expenses incurred by the insured diagnostic consultations performed by the health care provider. for services performed by a qualified interpreter/transliterator, other Section 9. R.S. 42:1119(B)(2)(a)(i) is hereby amended and reenacted to read than a family member of the insured, when such services are used by the as follows: insured in connection with medical treatment or diagnostic consultations §1119. Nepotism performed by a physician, dentist, chiropractor, or podiatrist, provided such * * * medical treatment or consultation is covered under said insurance policy B. and provided the services are required because of a hearing impairment * * * loss of the insured or a failure of the insured to understand or otherwise (2) Notwithstanding the provisions of Paragraph (1) of this Subsection: communicate in spoken language. (a)(i) Any local school board may employ any member of the immediate * * * family of any board member or of the superintendent as a classroom teacher §1038. Hearing aid coverage for minor child provided that such family member is certified to teach or is temporarily * * * authorized to teach while pursuing certification. Any local school board in C. a parish having a population of fewer than sixty thousand according to the * * * latest federal decennial census may employ any member of the immediate family of any board member or of the superintendent as a special education THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 59 (House Bills) and underscored and boldfaced (Senate Bills) are additions. related services professional provided that such family member is licensed (ii) Congenital infection known or suspected to be associated with in an appropriate field for special education related services and such sensorineural hearing impairment loss such as toxoplasmosis, syphilis, family member is the only applicant who meets the qualifications for the rubella, cytomegalovirus, and herpes. position set by the school board who has applied for the position after it has (iii) Craniofacial anomalies including morphologic abnormalities of the been advertised for at least thirty days in the official journal of the school pinna and ear canal, absent philtrum, low hairline, et cetera. board. A special education related services professional shall include the (iv) Birth weight less than one thousand five hundred grams or less than following when employed to provide special education services: a social three and three tenths pounds. worker, occupational therapist, physical therapist, speech therapist/ (v) Hyperbilirubinemia at a level exceeding indication for exchange pathologist, teacher of hearing impaired students who are deaf or hard of transfusion. hearing, teacher of visually impaired students, or nurse. Any school board (vi) Ototoxic medications, including but not limited to the aminoglycosides member or superintendent whose immediate family member is employed used for more than five days, such as gentamicin, tobramycin, kanamycin, by the school board shall recuse himself from any decision involving the streptomycin, and loop diuretics used in combination with aminoglycosides. promotion or assignment of teaching or service location of such employee. (vii) Bacterial meningitis. * * * (viii) Severe depression at birth, which may include infants with Apgar Section 10. R.S. 45:1355(A) is hereby amended and reenacted to read as scores of zero to three at five minutes or those who fail to initiate spontaneous follows: respiration by ten minutes or those with hypotonia persisting to two hours §1355. Disasters; deaf and hearing-impaired hard of hearing persons of age. informed (ix) Prolonged mechanical ventilation for a duration equal to or greater A. During any time of a disaster, or threat of a disaster, television stations than ten days, such as persistent pulmonary hypertension. shall transmit information or instructions in connection with the disaster, (x) Stigmata or other findings associated with a syndrome known to or threat of disaster, to the deaf and hearing-impaired persons hard of include sensorineural hearing loss, such as Waardenburg or Usher’s Usher hearing by scrolling or other appropriate means of communication in order Syndrome. to provide such persons with the same information or instructions as is (xi) Other risk factors added or deleted by the office of public health upon provided to hearing persons. recommendation of the advisory council for early identification of deaf or * * * hard of hearing impaired children. Section 11. The heading of Chapter 30-A of Title 46 of the Louisiana (b) (c) The factors that identify those infants aged twenty-nine days to two Revised Statutes of 1950, R.S. 46:2261, 2262(A) and (C), 2262.1(introductory years who are at risk for susceptible to sensorineural hearing impairment paragraph), (4), and (12), 2263(3), (4), and (6) through (8), 2264(A), (C), and (D), loss include the following: 2265(A)(introductory paragraph), (9), and (10), 2266(1) and (3) through (5), (i) Parent or caregiver concerns regarding hearing, speech, language, or 2352(7)(a) and (10)(a)(introductory paragraph), 2361, 2362(2) through (6), 2363 and/or developmental delay. through 2365, 2367, 2368(B), and 2372 are hereby amended and reenacted to (ii) Bacterial meningitis. read as follows: (iii) Neonatal risk factors that may be associated with progressive CHAPTER 30-A. IDENTIFICATION OF HEARING sensorineural hearing loss, such as cytomegalovirus, prolonged mechanical IMPAIRMENT LOSS IN INFANTS LAW ventilation, and inherited disorders. §2261. Short title (iv) Head trauma, especially with either longitudinal or transverse This Chapter may be cited as the “Identification of Hearing Impairment fracture of the temporal bone. Loss in Infants Law”. (v) Stigmata or other findings associated with syndromes known to §2262. Purpose include sensorineural hearing loss, such as Waardenburg or Usher’s Usher A. The purpose of the program for early identification of hearing Syndrome. impairment loss is to identify hearing impaired deaf or hard of hearing (vi) Ototoxic medications, including but not limited to the aminoglycosides infants at the earliest possible time so that medical treatment, early used for more than five days, such as gentamicin, tobramycin, kanamycin, audiological evaluation, selection of amplification, and early educational streptomycin, and loop diuretics used in combination with aminoglycosides. intervention can be provided. (vii) Neurodegenerative disorders such as neurofibromatosis, myoclonic * * * epilepsy, Werdnig-Hoffman disease, Tay-Sach’s Tay-Sachs disease, infantile C. Early identification and management of the hearing impaired deaf Gaucher’s disease, Nieman-Pick Niemann-Pick disease, any metachromatic or hard of hearing infant are essential if that infant is to acquire the leukodystrophy, or any infantile demyelinating neuropathy. vital language and speech skills needed to achieve maximum potential (viii) Childhood infectious diseases known to be associated with educationally, emotionally, and socially. sensorineural hearing loss, such as mumps or measles. * * * (ix) Other risk factors added or deleted by the office of public health upon §2262.1. Bill of Rights recommendation of the advisory council for early identification of deaf or In order to insure ensure that children who are deaf or hard of hearing hard of hearing impaired children. impaired have the same rights and potential to become independent and (8) “Screening for hearing impairment loss” means employing a device self-actualizing as children who are not deaf or hard of hearing impaired, for identifying whether an infant has a disorder of the auditory system, but the Deaf Child’s Bill of Rights is established so that children who are deaf may not necessarily provide a comprehensive determination of hearing or hard of hearing impaired are entitled: thresholds in the speech range. Procedures may include auditory brainstem * * * response (ABR) screening, or evoked otoacoustic emissions (EOAE) (4) To adult role models who are deaf or hard of hearing impaired. screening, or and other devices approved by the office upon recommendation * * * of the advisory council. (12) Where appropriate, to have deaf and hard of hearing impaired adults §2264. Identification of hearing impairment loss in infants directly involved in determining the extent, content, and purpose of all A. The office of public health in the Louisiana Department of Health shall programs that affect their education. establish, in consultation with the advice of the Louisiana Commission for §2263. Definitions the Deaf and the advisory council created in R.S. 46:2265, a program for the Except where the context clearly indicates otherwise, in this Chapter: early identification and follow-up of infants at risk infants susceptible to a * * * hearing disability, deaf or hard of hearing impaired infants, and infants (3) “Hearing impaired Deaf or hard of hearing infant” means an infant at risk of susceptible to developing a progressive hearing impairment loss. who has a disorder of the auditory system of any type or degree, causing a That The program shall, at a minimum: hearing impairment hearing loss sufficient to interfere with the development (1) Develop criteria or factors to identify those infants at risk for hearing of language and speech skills. The term “hearing impaired infant” includes impairment and infants at risk of developing a progressive hearing both deaf and hard-of-hearing infants. impairment who are likely deaf or hard of hearing and infants who may (4) “Infants at risk” “Infants susceptible to a hearing disability” means develop a progressive hearing loss, including the risk factors set forth in those infants who are at risk for susceptible to hearing impairment loss this Chapter, and develop an at-risk a susceptibility questionnaire for infant because they have one or more risk factors. hearing loss. * * * (2) Create an at-risk a susceptibility registry to include, but not be limited (6) “Program” means the program that the office of public health to, the identification of infantsat risk for susceptible to hearing impairment establishes to provide for the early identification and follow-up of infantsat loss, deaf or hard of hearing impaired infants, and infants at risk of risk susceptible to a hearing disability, of deaf or hard of hearing impaired susceptible to developing a progressive hearing impairment loss. infants, and of infants who have a risk factor for developing a progressive (3) Provide to the hospitals and other birthing sites the at-risk susceptibility hearing impairment loss. questionnaire for infant hearing loss and require that the form be completed (7)(a) “Risk factors” means those criteria or factors, any one of which for any newborn prior to discharge from the hospital or other birthing site. identifies an infant as being at risk for susceptible to hearing impairment As to infants at risk infants susceptible to a hearing disability, copies of the loss. completed at-risk susceptibility questionnaire shall be distributed to the (a) (b) The risk factors that identify those neonates, infants from birth at-risk susceptibility registry of the office, the parent or guardian, and, if through the first twenty-eight days, who are at risk for susceptible to known, the infant’s primary care physician and the provider of audiological sensorineural hearing impairment loss include the following: services. (i) Family history of congenital or delayed onset childhood sensorineural (4) Require for all newborn infants that the hospital of birth or that hospital impairment. to which the newborn infant may be transferred provide screening for THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 60 (House Bills) and underscored and boldfaced (Senate Bills) are additions. hearing impairment loss by auditory brainstem response (ABR) screening, (2) A “hearing-impaired person who is deaf or hard of hearing” means or evoked otoacoustic emissions (EOAE) screening, or any other screening a person who, because of a hearing impairment loss, has difficulty device approved by the office before discharge. The results of that screening understanding the communication occurring. for hearing impairment loss shall be provided to the at-risk susceptibility (3) “Interpreter/transliterator” means a facilitator of communication registry of the office of public health, the parent or guardian, and if known, among persons with hearing and hearing-impaired persons who are deaf or the primary care physician and the provider of audiological services. hard of hearing as provided in R.S. 46:2365 and R.S. 14:2368 2368. (5) Develop and provide to the hospitals or other birthing sites appropriate (4) “Intermediary interpreter/transliterator” means any person, including written materials regarding hearing impairment loss, and require that the any hearing-impaired person who is deaf or hard of hearing, who is able hospitals or other birthing sites provide this written material to all parents to assist in providing an accurate interpretation between spoken English or guardians of newborn infants. and sign language or between variants of sign language by acting as an (6) Develop methods to contact parents or guardians of infants at risk intermediary between a hearing-impaired person who is deaf or hard infants susceptible to a hearing disability, of deaf or hard of hearing of hearing and a qualified interpreter/transliterator. The intermediary impaired infants, and of infants at risk of susceptible to developing a interpreter/transliterator may be needed for non-manual hearing-impaired progressive hearing impairment loss. persons who are deaf or hard of hearing and shall be provided. (7) Establish a telephone hotline to communicate information about (5) “Qualified interpreter/transliterator” means any person certified by hearing impairment loss, hearing screening, audiological evaluation, and the Registry of Interpreters for the Deaf, or in the event an interpreter/ other services for deaf or hard of hearing impaired infants. transliterator so certified is not available, one whose qualifications are such (8) Provide that when a screening for hearing impairment indicates a that he is able to accurately communicate with and convey information to hearing loss, audiological evaluation shall be done as soon as practical. The and from the hearing-impaired person who is deaf or hard of hearing. parents or guardians of the infant shall be provided with information on (6) “Quasi-judicial proceeding” means any proceeding of a public locations at which medical and audiological follow up can be obtained. administrative office or body which is required to investigate facts, ascertain * * * the existence of facts, hold hearings, and draw conclusions from them as a C. The office shall develop a system for the collection of data, determine basis for their official action, and to exercise discretion of a judicial nature. the cost-effectiveness of the program, and disseminate statistical reports to §2363. Waiver the Louisiana Commission for the Deaf. The right of a hearing-impaired person who is deaf or hard of hearing D. The office, in cooperation with the state Department of Education, shall to the services of an interpreter/transliterator may not be waived except develop a plan to coordinate early educational and audiological services for by a hearing-impaired person who is deaf or hard of hearing who requests infants identified as deaf or hard of hearing impaired. a waiver. The failure of the hearing-impaired person who is deaf or hard * * * of hearing to request the services of an interpreter/transliterator is not §2265. Advisory council creation; membership; terms; quorum; deemed a waiver of that right. compensation §2364. Interpreter/transliterator required A. There is hereby created an advisory council for the program of early A. Whenever a hearing-impaired person who is deaf or hard of hearing is a identification ofdeaf or hard of hearing impaired infants. The council shall party or witness at any stage involving direct communication with hearing- consist of fourteen members as follows: impaired persons who are deaf or hard of hearing or his legal representative * * * or custodian during any judicial or quasi-judicial proceeding in this state (9) A parent of an oral hearing impaired who chose the oral method for or in its political subdivisions, including but not limited to proceedings of their deaf or hard of hearing child. civil and criminal court, grand jury, before a magistrate, juvenile, adoption, (10) A parent of a deaf or hard of hearing impaired child utilizing total mental health commitment, and any proceeding in which a hearing-impaired communication. person who is deaf or hard of hearing may be subjected to confinement * * * or criminal sanction, the appointing authority shall appoint and pay for §2266. Powers, duties, functions of the advisory council a qualified interpreter/transliterator to interpret or transliterate the The advisory council shall: proceedings to the hearing-impaired person who is deaf or hard of hearing (1) Advise and recommend risk factors or criteria for infants who are at and to interpret or transliterate the hearing-impaired person’s testimony of risk of hearing impairments and infants at risk of developing a progressive the person who is deaf or hard of hearing. hearing impairment likely deaf or hard of hearing and infants who may B. Whenever a juvenile whose parent is hearing-impaired deaf or hard of develop a progressive hearing loss. hearing is brought before a court for any reason, the court shall appoint and * * * pay for a qualified interpreter/transliterator to interpret or transliterate (3) Advise the office as to integrating the program for early identification of the proceedings to the hearing-impaired deaf or hard of hearing parent and deaf or hard of hearing impaired infants with existing medical, audiological, to interpret or transliterate the hearing-impaired that parent’s testimony. and early infant education programs. C. If any hearing or proceeding of any department, board, licensing (4) Advise the office as to materials to be distributed to the public authority, commission, or administrative agency of the state or of its concerning deaf or hard of hearing impaired infants. political subdivision is held, the appointing authority shall appoint and pay (5) Advise the office on the implementation of the program for early for a qualified interpreter/transliterator for hearing-impaired deaf or hard identification and follow-up of infants at risk infants susceptible to a hearing of hearing participants. disability, deaf or hard of hearing impaired infants, and infants who are at D. Whenever a hearing-impaired person who is deaf or hard of hearing is risk of developing a progressive hearing impairment loss. a witness before any legislative committee or subcommittee, or legislative * * * research or study committee, or subcommittee or commission authorized by §2352. Duties the state legislature or by the legislative body of any political subdivision The commission shall: of the state, the appointing authority shall appoint and pay for a qualified * * * interpreter/transliterator to interpret/transliterate the proceedings to the (7) Certify interpreters and maintain a registry of certified interpreters. hearing-impaired person who is deaf or hard of hearing and to interpret/ The commission shall promulgate rules for the examination of applicants transliterate the hearing-impaired that person’s testimony. for certification and the issuance of certificates. Such rules shall be subject E.(1) Whenever a hearing-impaired person who is deaf or hard of hearing to legislative oversight review pursuant to the Administrative Procedure is arrested for an alleged violation of a criminal law, including a local Act and shall be subject to the following limitations: ordinance, the arresting officer shall procure and the court with jurisdiction (a) The commission shall not promulgate any rule or regulation which over the alleged violation shall pay for a qualified interpreter/transliterator denies a hearing-impaired deaf or hard of hearing person’s right to choose for any inter rogation, war ning, notification of rights, or taking of a statement. his interpreter. (2) No hearing-impaired person who is deaf or hard of hearing who has * * * been arrested and who is otherwise eligible for release shall be held in (10)(a) Establish, administer, and promote a statewide program to provide custody pending arrival of an interpreter/transliterator. access to all public telecommunications services by persons who are deaf, (3) No answer, statement, or admission, written or oral, made by a hearing- deaf-blind, and others such as severely hearing impaired persons with impaired person who is deaf or hard of hearing in reply to a question of a severe hearing loss or severely speech impaired severe speech impairments. law enforcement officer or any other person having a prosecutorial function This program shall include but is not limited to: in any criminal proceeding may be used against that hearing-impaired * * * person who is deaf or hard of hearing unless either the statement was §2361. Purpose made or elicited through a qualified interpreter/transliterator and was It is the policy of this state to secure the rights of persons with hearing made knowingly, voluntarily, and intelligently or, in the case of waiver of impairments loss who cannot readily understand or communicate in spoken interpreters/transliterators, unless the court makes a special finding that languages and who consequently cannot equally participate in or benefit any statement made by the hearing-impaired person who is deaf or hard of from proceedings, programs, and activities of the courts, legislative bodies, hearing was made knowingly, voluntarily, and intelligently. administrative agencies, licensing commissions, departments, and boards F. Where it is the policy and practice of a cour t of this state or of its political of the state and its subdivisions unless qualified interpreters/transliterators subdivisions to appoint counsel for indigent persons, the appointing are available to facilitate communication. authority shall appoint and pay for a qualified interpreter/transliterator §2362. Definitions for hearing-impaired indigent people who are deaf or hard of hearing to As used in this Chapter: assist in communication with counsel in all phases of the preparation and * * * presentation of the case. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 61 (House Bills) and underscored and boldfaced (Senate Bills) are additions. §2365. Determination of interpreter’s/transliterator’s qualifications Section 15.(A) The legislature hereby finds that language used to refer A. Before appointing an interpreter/transliterator, the appointing authority to persons with disabilities and other persons with exceptionalities shapes shall make a preliminary determination, based on the hearing-impaired and reflects attitudes toward and perceptions of those persons by society. person’s needs, the certification of an interpreter/transliterator needs of (B) It is hereby declared that the intent of the legislature is to delete the person who is deaf or hard of hearing and upon the recommendation from the lawbodies of this state terms that convey negative or derogatory of the Louisiana Commission for the Deaf. If the interpreter/transliterator perceptions of persons with disabilities and other persons with is not able to facilitate effective communication with the hearing-impaired exceptionalities. Accordingly, the intent of the legislature is to provide in person who is deaf or hard of hearing, the appointing authority shall provide this Act for establishment of terminology in law referring to the deaf and another qualified interpreter/transliterator. hard of hearing that is more appropriate than the terminology replaced B. Upon request of the person for whom the interpreter/transliterator herein, and which conveys no indignity toward persons with hearing loss. is appointed, or on the appointing authority’s own motion, an interpreter/ (C) It is the intent of the legislature that no provision of this Act shall transliterator may be removed for the inability to communicate with the alter or affect in any way the substance, interpretation, or application of any hearing-impaired person who is deaf or hard of hearing, or if, for reasonable present law or administrative rule. cause, another interpreter/transliterator is so desired by the hearing- (D) Nothing in this Act shall be construed to expand or diminish any right impaired person who is deaf or hard of hearing for whom the interpreter/ of or benefit for any person provided by any existing law or administrative transliterator is serving. rule. * * * Section 16.(A) Each agency, board, commission, department, office, and §2367. Interpreter/transliterator in full view other instrumentality of the state to which the legislature has delegated Whenever an interpreter/transliterator is required to be appointed under authority to promulgate rules and regulations in accordance with the this Chapter, the appointing authority shall not commence proceedings Administrative Procedure Act, R.S. 49:950 et seq., is hereby authorized until the appointed interpreter/transliterator is in full view of and spatially and requested to employ the preferred terminology enacted in Sections 1 situated to assure effective communication with the hearing-impaired deaf through 14 of this Act for referring to the deaf and hard of hearing and to or hard of hearing participant. hearing loss in duly promulgated administrative rules, policy publications, §2368. Coordination of interpreter/transliterator requests and materials published in paper format or electronically, whether for * * * internal use or public use, including but not limited to informational B. Whenever an interpreter/transliterator is required under pursuant brochures, resource guides, reference materials, manuals, and the content to this Chapter, the appointing authority shall use one of the interpreters/ of any Internet website or other electronic media. The provisions of transliterators on the Louisiana Commission for the Deaf list. If none of the this Section shall apply prospectively; however, nothing herein shall be listed interpreters/transliterators is available or is able to provide effective construed to limit any agency, board, commission, department, office, or communication with the particular hearing-impaired person who is deaf other instrumentality of the state from amending existing administrative or hard of hearing, then the appointing authority shall appoint any other rules for the purpose of instituting the preferred terminology provided for person who is able to accurately communicate with and convey information in this Act. to and from the particular hearing-impaired person involved who is deaf or (B) The legislative services offices of the House of Representatives and hard of hearing. the Senate are hereby authorized and requested to publish guidance in * * * legislative drafting manuals and in any other professional resources as those §2372. Visual recording offices may deem appropriate concerning use of the preferred terminology The appointing authority, on his own motion or on the motion of a party for referring to the deaf and hard of hearing and to hearing loss provided to the proceedings, may order that the testimony of the hearing-impaired for in this Act. person who is deaf or hard of hearing and the interpretation/transliteration Approved by the Governor, June 12, 2017. thereof be electronically or visually recorded for use in verification of the A true copy: official transcript of the proceedings. Tom Schedler Section 12. R.S. 47:6301(A)(3) is hereby amended and reenacted to read as Secretary of State follows: ------§6301. Rebates; donations to school tuition organizations A. ACT No. 147 * * * - - - (3) In order for a donation from a taxpayer to qualify for the rebate, HOUSE BILL NO. 268 the donation shall be used by the school tuition organization to provide BY REPRESENTATIVE JIMMY HARRIS scholarships for tuition and fees for students to attend a qualified school in AN ACT accordance with the provisions of this Section. No more than five percent of a To enact R.S. 15:587.5 and 587.6, R.S. 23:1657.1, R.S. 36:254.3 and 701.1, R.S. donation shall be used by the school tuition organization for administrative 39:15.1.1 and 15.1.2, R.S. 46:51.3, and R.S. 47:1504.1, relative to criminal or promotional costs. No scholarship shall be designated, referred to, or in history records checks; to provide for criminal history records checks for any way named after a private entity nor shall any donation be earmarked current and prospective employees, contractors, and subcontractors of by a donor to provide a scholarship for a particular qualified student or a agencies with access to federal tax information, criminal history record particular qualified school. However this Paragraph shall not prohibit a information, or state-issued REAL ID information; to provide relative donation being earmarked for a student with a disability. A student shall be to the procedures and costs for the criminal history records checks; to considered to have a disability if such student is evaluated according to state provide for the use of these records; to provide for a definition; and to and federal regulation or policy and is deemed to have a mental disability, provide for related matters. hearing impairment loss (including deafness), multiple disabilities, deaf- Be it enacted by the Legislature of Louisiana: blindness, speech or language impairment, visual impairment (including Section 1. R.S. 15:587.5 and 587.6 are hereby enacted to read as follows: blindness), emotional disturbance, orthopedic impairment, other health §587.5. Agencies with access to federal tax information; criminal history impairment, specific learning disability, traumatic brain injury, dyslexia information and related disorders, or autism, and as a result requires special education A. For purposes of this Section, “agency” means any agency that has and related services. an agreement with the Internal Revenue Service to access federal tax * * * information. “Agency” shall include all of the following: Section 13. The heading of Part X of Chapter 1 of Title 49 of the Louisiana (1) Department of Revenue. Revised Statutes of 1950 and R.S. 49:181(A) are hereby amended and (2) Department of Justice; collections section and information technology reenacted to read as follows: section. PART X. EMPLOYMENT AND LICENSING (3) Division of Administration; office of technology services. EXAMINATIONS--INTERPRETERS FOR DEAF PERSONS (4) Department of Children and Family Services; child support enforcement THE DEAF AND HARD OF HEARING and family support. §181. Interpreters for deaf or severely hearing-impaired persons taking (5) Louisiana Department of Health; medicaid eligibility section. state examinations State examinations; interpreters for the deaf and hard (6) Louisiana Workforce Commission; office of unemployment insurance of hearing administration. A. Any deaf or severely hearing-impaired person who is deaf or hard B.(1) An agency with access to federal tax information shall require any of hearing and takes taking an examination which is a prerequisite for current or prospective employee, contractor, or subcontractor to submit to a employment or licensing by the state or any of its agencies is entitled to be criminal history records check to be conducted by the Louisiana Bureau of furnished, upon request, with an interpreter by the state or its agency. Criminal Identification and Information. Fingerprints and other identifying * * * information from the current or prospective employee, contractor, or Section 14. Code of Criminal Procedure Article 401.1(B)(introductory subcontractor shall be submitted to the bureau by the employee, contractor, paragraph) is hereby amended and reenacted to read as follows: or subcontractor. Art. 401.1. Court instructions for interpreter (2) When a criminal history records check is requested pursuant to * * * Paragraph (1) of this Subsection, the bureau shall provide the agency with B. When a deaf or hard of hearing or hearing impaired person is summoned the state criminal history record information of the current or prospective for jury duty, the court shall: employee, contractor, or subcontractor. In addition, when the agency * * * requests national criminal history records checks, the bureau shall forward THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 62 (House Bills) and underscored and boldfaced (Senate Bills) are additions. the fingerprints to the Federal Bureau of Investigation for a national implement the requirements of R.S. 15:587.5, the secretary shall promulgate criminal history records check and shall provide the agency with the rules and regulations with regard to this matter. national criminal history record information of the current or prospective * * * employee, contractor, or subcontractor. §701.1. Criminal history information; access to federal tax information C. A local criminal history records check shall also be requested by an The Department of Justice, collections section and information technology agency for a current or prospective employee, contractor, or subcontractor. section, is authorized to perform criminal history records checks of current The request shall be sent to any jurisdiction where the current or prospective and prospective employees, contractors, and subcontractors in accordance employee, contractor, or subcontractor has lived, worked, or attended school with the procedures provided in R.S. 15:587.5. Pursuant to this authorization within the last five years. and to implement the requirements of R.S. 15:587.5, the attorney general D.(1) Fingerprinting and national, state, and local criminal history shall promulgate rules and regulations with regard to this matter. records checks are to be used by the agency to determine the suitability of Section 4. R.S. 39:15.1.1 and 15.1.2 are hereby enacted to read as follows: the current or prospective employee, contractor, or subcontractor to access §15.1.1. Criminal history information; access to federal tax information federal tax information and records. The division of administration, office of technology services, is authorized (2) Prospective employees shall be subject to fingerprinting and national, to perform criminal history records checks of current and prospective state, and local criminal history records checks only after a conditional employees, contractors, and subcontractors in accordance with the offer of employment has been made. procedures provided in R.S. 15:587.5. Pursuant to this authorization (3) Current employees, contractors, and subcontractors with access to and to implement the requirements of R.S. 15:587.5, the commissioner of federal tax information shall be subject to fingerprinting and national, administration shall promulgate rules and regulations with regard to this state, and local criminal history records checks at a minimum of every ten matter. years. §15.1.2. Criminal history information; access to restricted data E. The costs of providing the information required under this Section The division of administration, office of technology services, is authorized shall be charged by the bureau, as specified in R.S. 15:587(B), to the agency to perform criminal history records checks of current and prospective for furnishing information contained in the bureau’s criminal history and employees, contractors, and subcontractors in accordance with the identification files, including any additional costs of providing the national procedures provided in R.S. 15:587.6. Pursuant to this authorization and criminal history records check, which pertains to the current or prospective to implement the requirements of R.S. 15:587.6, the commissioner of employee, contractor, or subcontractor. administration shall promulgate rules and regulations with regard to this §587.6. Division of administration, office of technology services; access to matter. criminal history information or state-issued REAL ID Information Section 5. R.S. 46:51.3 is hereby enacted to read as follows: A.(1) Pursuant to R.S. 39:15.1.2, current or prospective employees, §51.3. Criminal history information; access to federal tax information contractors, or subcontractors of the division of administration, office of The Department of Children and Family Services, office of child support technology services, who have access to criminal history record information enforcement and family support, is authorized to perform criminal history or state-issued REAL ID information shall submit to a criminal history records checks of current and prospective employees, contractors, and records check to be conducted by the Louisiana Bureau of Criminal subcontractors in accordance with the procedures provided in R.S. 15:587.5. Identification and Information. Fingerprints and other identifying Pursuant to this authorization and to implement the requirements of R.S. information from the current or prospective employee, contractor, or 15:587.5, the secretary shall promulgate rules and regulations with regard subcontractor shall be submitted to the bureau by the employee, contractor, to this matter. or subcontractor. Section 6. R.S. 47:1504.1 is hereby enacted to read as follows: (2) When a criminal history records check is requested pursuant to §1504.1. Criminal history information; access to federal tax information Paragraph (1) of this Subsection, the bureau shall provide the office of The Department of Revenue is authorized to perform criminal history technology services with the state criminal history record information records checks of current and prospective employees, contractors, and of the current or prospective employee, contractor, or subcontractor. In subcontractors in accordance with the procedures provided in R.S. 15:587.5. addition, when the office of technology services requests national criminal Pursuant to this authorization and to implement the requirements of R.S. history records checks, the bureau shall forward the fingerprints to the 15:587.5, the secretary shall promulgate rules and regulations with regard Federal Bureau of Investigation for a national criminal history records to this matter. check and shall provide the office of technology services with the national Section 7. This Act shall become effective upon signature by the governor criminal history record information of the current or prospective employee, or, if not signed by the governor, upon expiration of the time for bills to contractor, or subcontractor. become law without signature by the governor, as provided by Article III, (3) A local criminal history records check shall also be requested by Section 18 of the Constitution of Louisiana. If vetoed by the governor and the office of technology services for a current or prospective employee, subsequently approved by the legislature, this Act shall become effective on contractor, or subcontractor. The request shall be sent to any jurisdiction the day following such approval. where the current or prospective employee, contractor, or subcontractor Approved by the Governor, June 12, 2017. has lived, worked, or attended school within the last five years. A true copy: B.(1) Fingerprinting and national, state, and local criminal histor y records Tom Schedler checks are to be used by the office of technology services to determine Secretary of State the suitability of the current or prospective employee, contractor, or ------subcontractor to access criminal history record information or state-issued REAL ID information. ACT No. 148 (2) Prospective employees shall be subject to fingerprinting and national, - - - state, and local criminal history records checks only after a conditional HOUSE BILL NO. 280 offer of employment has been made. BY REPRESENTATIVES MARINO AND STOKES (3) Current employees, contractors, and subcontractors with access to AN ACT criminal history record information or state-issued REAL ID information To amend and reenact R.S. 40:79(A)(2)(a), relative to adoptions; to provide shall be subject to fingerprinting and national, state, and local criminal relative to birth certificates in certain cases of adoptions by step-parents; history records checks at a minimum of every ten years. and to provide for related matters. C. The costs of providing the information required under this Section Be it enacted by the Legislature of Louisiana: shall be charged by the bureau, as specified in R.S. 15:587(B), to the office Section 1. R.S. 40:79(A)(2)(a) is hereby amended and reenacted to read as of technology services for furnishing information contained in the bureau’s follows: criminal history and identification files, including any additional costs of §79. Record of adoption decree providing the national criminal history records check, which pertains to the A. current or prospective employee, contractor, or subcontractor. * * * Section 2. R.S. 23:1657.1 is hereby enacted to read as follows: (2)(a) If the child is adopted by a married couple, the names of both parties §1657.1. Criminal history information; access to federal tax information shall be recorded as the parents, even if one of the petitioning parties dies The Louisiana Workforce Commission, office of unemployment insurance prior to entry of the final judgment of adoption. However, if the child is administration, is authorized to perform criminal history records checks adopted by a step-parent who was married to the legal parent of the child of current and prospective employees, contractors, and subcontractors and the legal parent dies prior to the filing of the petition for adoption, in accordance with the procedures provided in R.S. 15:587.5. Pursuant to the names of both the deceased legal parent and the step-parent shall be this authorization and to implement the requirements of R.S. 15:587.5, the recorded on the child’s birth certificate at the request of the step-parent. executive director shall promulgate rules and regulations with regard to * * * this matter. Section 2. The provisions of this Act amending R.S. 40:79(A)(2)(a) are Section 3. R.S. 36:254.3 and 701.1 are hereby enacted to read as follows: declared to be remedial and curative and shall be applied retroactively to §254.3. Criminal history information; access to federal tax information June 1, 2016, as well as prospectively. The Department of Health, medicaid eligibility section, is authorized Approved by the Governor, June 12, 2017. to perform criminal history records checks of current and prospective A true copy: employees, contractors, and subcontractors in accordance with the Tom Schedler procedures provided in R.S. 15:587.5. Pursuant to this authorization and to Secretary of State ------THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 63 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 149 (b) A taxpayer files tax returns more frequently than monthly and during - - - the preceding twelve-month period, the average total payments exceed five HOUSE BILL NO. 291 thousand dollars per month. BY REPRESENTATIVE DANAHAY (c) A compa ny files w it h holdin g t a x ret u r ns a nd pay ment s on behalf of ot her AN ACT taxpayers, and during the preceding twelve-month period, the average total To amend and reenact R.S. 46:1053(C)(2)(d), relative to the Calcasieu payments for all tax returns filed exceed five thousand dollars per month. Cameron Hospital Service District; to provide relative to the per diem paid (4) (2) When a payment is required to be made within a prescribed period to members of the board of commissioners of the district; and to provide or by a prescribed due date and the payment is delivered by electronic for related matters. means after the period or due date, for the purpose of imposing late payment Notice of intention to introduce this Act has been published as provided by penalties, the payment date is the date of the transaction’s confirmation Article III, Section 13 of the Constitution of Louisiana. time and date stamp. However, if the payment is not timely paid, the date Be it enacted by the Legislature of Louisiana: of receipt by the secretary shall govern for purposes of determining the Section 1. R.S. 46:1053(C)(2)(d) is hereby amended and reenacted to read amount of any late payment penalties. A separate transfer shall be made as follows: for each return. §1053. Commission; qualification of members; appointment; vacancies; (5) (3) In lieu of electronic funds transfer, full payment may be made in compensation; removal of commissioners; certain powers investible funds delivered in person or by courier to the department on or * * * before the close of business on the date required by law to be paid. C. (6) (4) If any taxpayer fails to comply with the electronic funds transfer * * * requirements, the tax payment will be considered delinquent and will be (2) subject to penalties and interest as provided under R.S. 47:1601 through * * * 1602. (d) The governing authorities of Calcasieu Parish and Cameron Parish (7) (5) Notwithstanding any provisions of law to the contrary, the provisions may permit a per diem to each member of the commission of the Calcasieu of this Section shall not apply to individual income tax returns. Cameron Hospital Service District in an amount of not less than twenty- * * * five dollars nor more than one three hundred dollars for each day of his D. In cases where the taxpayer can prove the payment by electronic funds attendance at meetings of the commission, not to exceed twelve meetings transfer would create an undue hardship, the secretary shall exempt the per year payable out of the funds of the hospital service district. taxpayer from paying by electronic funds transfer. * * * §1520. Electronically filed returns; signatures Approved by the Governor, June 12, 2017. A.(1) The secretary may require electronic filing of tax returns or reports A true copy: under any of the following circumstances: Tom Schedler * * * Secretary of State (c) Individual income tax returns prepared by a tax preparer that prepares ------and files more than one hundred state individual income tax returns during any calendar year may be required to be filed electronically as follows: ACT No. 150 (i) Thirty percent of the returns due on or after January 1, 2008. - - - (ii) Sixty percent of the returns due on or after January 1, 2010. HOUSE BILL NO. 333 (iii) Ninety percent of the returns due on or after January 1, 2012. BY REPRESENTATIVE JEFFERSON * * * AN ACT (e) Any return or report that a A professional athletic team or professional To amend and reenact R.S. 47:1519(B) and 1520(A)(1)(c), (e), and (g) and (2), athlete is required to file with the Department of Revenue for the (B), and (C) and to enact R.S. 47:1519(D) and 1520(A)(3), relative to tax administration of the Sports Facility Assistance Fund. returns and payments; to provide for the payment of taxes by electronic * * * funds transfer; to authorize the secretary to require the electronic filing (g) Persons The person is required to file a report pursuant to R.S. 47:843 of tax returns; to provide for exceptions; to provide with respect to certain et seq. penalties; to require rulemaking; to provide for effectiveness; and to (2) With respect to all other tax returns or reports other than individual provide for related matters. income tax returns or reports, the secretary may require electronic filing of Be it enacted by the Legislature of Louisiana: any tax return or report. Section 1. R.S. 47:1519(B) and 1520(A)(1)(c), (e), and (g) and (2), (B), and (C) (2) (3) The electronic filing requirement shall be implemented by are hereby amended and reenacted and R.S. 47:1519(D) and 1520(A)(3) are administrative rule adopted and promulgated with legislative oversight in hereby enacted to read as follows: accordance with the Administrative Procedure Act, R.S. 49:950 et seq. §1519. Payment of taxes by electronic funds transfer; credit or debit cards; B. Failure to comply with the electronic filing requirements will result other in the assessment of a penalty of one hundred dollars or five percent of the * * * tax, whichever is greater. If it is determined that the failure to comply is B. (1) For taxable periods beginning on or after January 1, 2004, and attributable, not to the negligence of the taxpayer, but to other cause set forth ending on or before December 31, 2005, the secretary of the Department of in written form and considered reasonable by the secretary, the secretary Revenue may require payments by electronic funds transfer under any of may remit or waive payment of the whole or any part of the penalty. However, the following circumstances: in any case where the penalty exceeds twenty-five thousand dollars, such (a) The tax due in connection with the filing of any return, report, or other penalty may be waived by the secretary only after approval by the Board of document exceeds fifteen thousand dollars. Tax Appeals waiver shall be subject to oversight by the House Committee (b) A taxpayer files tax returns more frequently than monthly and during on Ways and Means and the Senate Committee on Revenue and Fiscal the preceding twelve-month period, the average total payments exceed Affairs. This provision shall not apply to any penalty the secretary remits fifteen thousand dollars per month. or waives in accordance with rules and regulations promulgated pursuant (c) A company files withholding tax returns and payments on behalf of to the Administrative Procedure Act regarding the remittance or waiver of other taxpayers and during the preceding twelve-month period, the average penalties under the department’s voluntary disclosure program. total payments for all tax returns filed exceed fifteen thousand dollars per C. The secretary may prescribe alternative methods for signing, month. subscribing, or verifying a return, statement, or other document filed by (2) For taxable periods beginning on or after January 1, 2006, and ending electronic means that shall have the same validity and consequence as on or before December 31, 2007, the secretary of the Department of Revenue the actual signature and/or written declaration for such a return, report, may require payments by electronic funds transfer under any of the statement, or other document. following circumstances: * * * (a) The tax due in connection with the filing of any return, report, or other Section 2. This Act shall become effective upon signature by the governor document exceeds ten thousand dollars. or, if not signed by the governor, upon expiration of the time for bills to (b) A taxpayer files tax returns more frequently than monthly and during become law without signature by the governor, as provided by Article III, the preceding twelve-month period, the average total payments exceed ten Section 18 of the Constitution of Louisiana. If vetoed by the governor and thousand dollars per month. subsequently approved by the legislature, this Act shall become effective on (c) A company files withholding tax returns and payments on behalf of the day following such approval. other taxpayers and during the preceding twelve-month period the average Approved by the Governor, June 12, 2017. total payments for all tax returns filed exceed ten thousand dollars per A true copy: month. Tom Schedler (3) (1) For taxable periods beginning on or after January 1, 2008, the Secretary of State secretary of the Department of Revenue may require payments by electronic ------funds transfer under any of the following circumstances:. (a) The tax due in connection with the filing of any return, report, or other document exceeds five thousand dollars.

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 64 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 151 the appropriate care of your child(ren) may result in the termination of your - - - parental rights. HOUSE BILL NO. 343 Please refer to Louisiana Children’s Code, Title X, Articles 1001 to 1043, BY REPRESENTATIVE FRANKLIN especially Articles 1015(6)(7) and 1036(E), for the details of Louisiana law AN ACT regarding the termination of parental rights. A copy of the law is attached to To amend and reenact Children’s Code Articles 1004(B), (D), (F), and (I), 1035(B), this notice. 1036(C)(introductory paragraph), (D)(introductory paragraph), and (E), and You are hereby notified that Louisiana law requires that you provide a 1036.2(E), relative to termination of parental rights; to provide relative to reasonable plan for the appropriate care of your child(ren), other than continued grounds for termination; to provide for technical corrections; and to provide foster care, within sixty (60) days of your receipt of this notice, which date is for related matters. ______. Your plan shall include the names, addresses, Be it enacted by the Legislature of Louisiana: cellular numbers, telephone numbers, and other contact information of every Section 1. Children’s Code Articles 1004(B), (D), (F), and (I), 1035(B), 1036(C) suitable alternative caregiver. You may provide additional information by (introductory paragraph), (D)(introductory paragraph), and (E), and 1036.2(E) filling out this form and mailing it in the stamped, self-addressed envelope are hereby amended and reenacted to read as follows: given to you by the department before ______. If you fail or Art. 1004. Petition for termination of parental rights; authorization to file refuse to do so, you may lose all rights to your child(ren). Your plan will be * * * examined to determine if it is reasonable and appropriate. Please provide B. Counsel appointed for the child pursuant to Article 607 may petition for your plan in detail no later than ______to the termination of parental rights of the parent of the child if the petition the following person: alleges a ground authorized by Article 1015(4),(5), or (6), or (7) and, although NAME: ______eighteen months have elapsed since the date of the child’s adjudication as a ADDRESS: ______child in need of care, no petition has been filed by the district attorney or the CITY/STATE/ZIP: ______department. TELEPHONE: ______* * * NOTE: IF YOU HAVE ANY QUESTIONS OR NEED ANY ASSISTANCE, D. The department may petition for the termination of parental rights of the CONTACT THE ABOVE PERSON OR YOUR ATTORNEY IMMEDIATELY. parent of the child when any of the following apply: Copy of the law, La. Ch.C. Arts. 1001 - 1043, Attached. PLEASE READ. (1) T he child has been subjected to abuse or neglect a f ter t he child is retur ned I, ______, hereby certify that a copy to the parent’s care and custody while under department supervision, and of this notice with La. Ch.C. Arts. 1001-1043 attached, was delivered to termination is authorized by Article 1015(3)(j)(4)(j). ______on ______by (2) The parent’s parental rights to one or more of the child’s siblings have personal delivery at the following location ______. been terminated due to neglect or abuse and prior attempts to rehabilitate DATE:______the parent have been unsuccessful, and termination is authorized by Article ______1015(3)(k)(4)(k). Signature of caseworker (3) The child has been abandoned and termination is authorized by Article I, ______, have received a copy of this notice, 1015(4)(5). together with the attached laws (La. Ch.C. Arts. 1001-1043), and acknowledge (4) The child has been placed in the custody of the state and termination is that I understand fully that my rights may be terminated and my child(ren) authorized by Article 1015(5)(6). adopted by others if I do not provide a reasonable plan of appropriate care (5) The child is in foster care because the parent is incarcerated and while I am incarcerated, other than continued foster care, within sixty (60) termination is authorized by Article 1015(6)(7). days of my receipt of this notice on ______. * * * ______F. By special appointment for a particular case, the court or the district Signature of parent attorney may designate private counsel authorized to petition for the Witness: ______Date: ______termination of parental rights of the parent of the child on the ground of Section 2. This Act shall become effective upon signature by the governor abandonment authorized by Article 1015(4)(5). or, if not signed by the governor, upon expiration of the time for bills to become * * * law without signature by the governor, as provided by Article III, Section 18 I. When a child is conceived as the result of a sex offense as defined in R.S. of the Constitution of Louisiana. If vetoed by the governor and subsequently 15:541, the victim of the sex offense who is the custodial parent may petition to approved by the legislature, this Act shall become effective on the day terminate the rights of the perpetrator of the sex offense. Termination shall following such approval. result in the loss of custody, visitation, contact, and other parental rights of the Approved by the Governor, June 12, 2017. perpetrator regarding the child, but shall not affect the inheritance rights of A true copy: the child. The perpetrator shall be cast in judgment for court costs. Tom Schedler * * * Secretary of State Art. 1035. Burden of proof ------* * * B. The parent asserting a mental or physical disability as an affirmative ACT No. 152 defense to abandonment under Article 1015(4)(5) bears the burden of proof by - - - a preponderance of the evidence. HOUSE BILL NO. 451 Art. 1036. Proof of parental misconduct BY REPRESENTATIVE ABRAMSON * * * AN ACT C. Under Article 1015(5)(6), lack of parental compliance with a case plan may To amend and reenact R.S. 33:9091.3(D)(1)(a) and (F)(1) and (3)(a) and (c), relative be evidenced by one or more of the following: to the Audubon Area Security District in Orleans Parish; to provide relative * * * to membership on the governing board of the district; to provide relative to D. Under Article 1015(5)(6), lack of any reasonable expectation of significant the parcel fee levied within the district; to provide relative to the amount, improvement in the parent’s conduct in the near future may be evidenced by expiration, and renewal of the fee; and to provide for related matters. one or more of the following: Notice of intention to introduce this Act has been published as provided by * * * Article III, Section 13 of the Constitution of Louisiana. E. Under Article 1015(6)(7), a sentence of at least five years of imprisonment Be it enacted by the Legislature of Louisiana: raises a presumption of the parent’s inability to care for the child for an Section 1. R.S. 33:9091.3(D)(1)(a) and (F)(1) and (3)(a) and (c) are hereby extended period of time, although the incarceration of a parent shall not in amended and reenacted to read as follows: and of itself be sufficient to deprive a parent of his parental rights. §9091.3. The Audubon Area Security District * * * * * * Art. 1036.2. Incarcerated parent; duties; assessment D. Governance. (1) The district shall be governed by a nine-member board * * * of commissioners, referred to in this Section as the “board”. The board shall E. The notification form given to the incarcerated parent shall be be composed as follows: substantially as follows: (a) The president of the Audubon Area Zoning Association, referred to in NOTICE OF DUTY TO PROVIDE A REASONABLE PLAN FOR THE this Section as the “association”, shall be a member or he may designate a APPROPRIATE CARE OF YOUR CHILD AND TERMINATION OF member of the board of directors of the association to serve as a member. PARENTAL RIGHTS LAW * * * NOTICE TO PARENT: YOUR CHILD(REN),______F. Parcel fee. The governing authority of the city of New Orleans is hereby HAS/HAVE BEEN PLACED IN THE CUSTODY OF THE LOUISIANA authorized to impose and collect a parcel fee within the district subject to and DEPARTMENT OF CHILDREN AND FAMILY SERVICES BY ORDER OF THE in accordance with the provisions of this Subsection: ______Parish juvenile court ______on (1) The amount of the fee shall be as requested by duly adopted resolution ______. of the board. The fee shall be a flat fee per parcel of land. The fee shall not PLEASE BE ADVISED OF THE FOLLOWING: exceed five hundred fifty dollars per year for each parcel for calendar year Louisiana law provides that you may name a person who is willing and able 2009 2019; however, the maximum fee amount shall may be increased by to serve as the custodian of your child(ren) and to offer a wholesome and stable twenty-five dollars per year for each calendar year after 2009 2019. environment for your child(ren). Failure to furnish a reasonable plan for * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 65 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (3)(a) The fee shall be imposed only after the question of its imposition has upon request of persons with ten percent or more controlling interest in a been approved by a majority of the registered voters of the district who vote non-resident business entity; and to provide for related matters. on the proposition at an election held for that purpose in accordance with Be it enacted by the Legislature of Louisiana: the Louisiana Election Code. The proposition shall state that the governing Section 1. R.S. 22:821(B)(3) and 1546(B)(1)(a) are hereby amended and authority of the city of New Orleans shall cease levying any other tax for reenacted to read as follows: district purposes on and after January 1, 2009. The amount of the fee may be §821. Fees changed by duly adopted resolution of the board, not to exceed the maximum * * * amount authorized as provided in this Subsection. No other election shall be B. The following fees and licenses shall be collected in advance by the required except as provided by this Paragraph. commissioner of insurance: * * * * * * (c) The fee shall be levied beginning on January 1, 2009 2019. The fee (3) For producers’ licenses: shall expire on December 31, 2018 at the end of the term provided for in the (a) Life, health, and accident producer; variable annuity producer proposition authorizing the fee, not to exceed ten years, but may be renewed Surplus Lines: if approved by a majority of the registered voters of the district voting on the First time applicant ...... $75.00 $250.00 proposition at an election as provided in Subparagraph (a) of this Paragraph. Additional or renewal company appointment Any election to authorize the renewal of the fee shall be held only at the same (yearly) ...... $20.00 time as the mayoral primary a regularly scheduled election for in the city of Producer renewal Renewal fee New Orleans. If the fee is renewed, the term of the imposition of the fee shall (every two years) ...... $50.00 $350.00 be as provided in the proposition authorizing such renewal, not to exceed (b) Property and casualty producer All other lines: eight years. First time applicant ...... $75.00 * * * Application to add lines ...... $50.00 Section 2. The provisions of this Act shall not affect the parcel fee being Additional Initial or renewal company appointment levied within the Audubon Area Security District on the effective date of this (yearly) ...... $20.00 Act. The governing authority of the city of New Orleans shall continue to levy Producer renewal fee (every two years) ...... $50.00 the parcel fee until such time as it expires, as provided in the proposition (i) One line ...... $50.00 approved by a majority of the district’s registered voters voting on the (ii) Two or more lines ...... $55.00 proposition at an election held on November 4, 2008. The governing authority (c) Limited lines producer of the city shall then begin to levy a parcel fee as provided in this Act, if the First time applicant ...... $75.00 parcel fee has been approved by a majority of the district’s registered voters Each additional line of authority ...... $35.00 as provided in this Act. Additional or renewal company appointment Section 3. This Act shall become effective upon signature by the governor or, (yearly) ...... $20.00 if not signed by the governor, upon expiration of the time for bills to become Renewal fee (every two years) ...... $50.00 law without signature by the governor, as provided by Article III, Section 18 (d) Limited lines credit insurance producer of the Constitution of Louisiana. If vetoed by the governor and subsequently First time applicant ...... $75.00 approved by the legislature, this Act shall become effective on the day Additional or renewal company appointment following such approval. (yearly) ...... $20.00 Approved by the Governor, June 12, 2017. Renewal fee (every two years) ...... $50.00 A true copy: (e) Surplus lines broker Tom Schedler First time applicant ...... $250.00 Secretary of State Renewal fee (every two years) ...... $350.00 ------(f) Fee for failure to file producer license renewal timely (per license) ...... $50.00 ACT No. 153 (g) Fee for duplicate producer license ...... $15.00 - - - * * * HOUSE BILL NO. 475 §1546. Application for license BY REPRESENTATIVES GISCLAIR AND GAROFALO * * * AN ACT B.(1)(a) A business entity acting as an insurance producer is required to To amend and reenact R.S. 56:332(N)(2)(c) and to enact R.S. 56:332(N)(2)(d), shall obtain an insurance producer license. relative to crab fishing; to authorize the Wildlife and Fisheries Commission (i) Every member, partner, officer, director, and person who controls directly to prohibit crab traps in state-owned water bottoms during closed season; or indirectly ten percent or more of the applicant a resident business entity and to provide for related matters. shall be registered with the Department of Insurance under such business Be it enacted by the Legislature of Louisiana: entity’s license. Section 1. R.S. 56:332(N)(2)(c) is hereby amended and reenacted and R.S. (ii) A non-resident business entity shall provide to the commissioner upon 56:332(N)(2)(d) is hereby enacted to read as follows: request the name of every member, partner, officer, director, and person who §332. Crabs; release of crabs in berry stage; method of taking crabs; time controls directly or indirectly ten percent or more of the non-resident business limitations; by-catch; penalties; abandoned crab trap removal program entity. * * * (iii) For purposes of this Section, “control” has the same meaning as provided N. in R.S. 22:691.2. * * * * * * (2) The commission may prohibit crab traps in state-owned lake and river Section 2. This Act shall become effective on January 1, 2018. beds and other water bottoms of the state as follows: Approved by the Governor, June 12, 2017. * * * A true copy: (c) At any time crab harvest is closed for biological or technical reasons, the Tom Schedler commission may prohibit crab traps for the duration of the closure. Secretary of State (c) (d) The period of time for the prohibitions of crab traps authorized ------in Subparagraphs (a) and (b) of this Paragraph shall be specified by the commission for each geographical area, which period may be for fewer than ACT No. 155 the sixteen consecutive days, but shall consist of consecutive days within the - - - sixteen-consecutive-day period. HOUSE BILL NO. 510 * * * BY REPRESENTATIVE LANCE HARRIS Approved by the Governor, June 12, 2017. AN ACT A true copy: To designate a portion of Louisiana Highway 1 in the city of Alexandria, Tom Schedler Louisiana, as the “Deputy Marshal Glen Denning DeVanie Memorial Secretary of State Highway”; and to provide for related matters. ------Be it enacted by the Legislature of Louisiana: Section 1. The portion of Louisiana Highway 1 between North MacArthur ACT No. 154 Drive and Airbase Road in the city of Alexandria, Louisiana, in Rapides - - - Parish, shall be known and designated as the “Deputy Marshal Glen Denning HOUSE BILL NO. 503 DeVanie Memorial Highway”. BY REPRESENTATIVE THIBAUT Section 2. The Department of Transportation and Development or its AN ACT contractors are hereby directed to erect and maintain appropriate signage To amend and reenact R.S. 22:821(B)(3) and 1546(B)(1)(a), relative to licensing reflecting this designation provided local or private monies are received of insurance producers; to provide for licensing fees paid by insurance by the department equal to the department’s actual costs for the material, producers; to provide for licensing of business entities as insurance fabrication cost, mounting posts, and installation required for installation of producers; to provide for disclosure of persons with ten percent or more each sign, not to exceed the sum of five hundred fifty dollars per sign. controlling interest in a resident business entity; to provide for disclosure THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 66 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Approved by the Governor, June 12, 2017. Fourteenth Judicial District; to provide for a contingent effective date; and A true copy: to provide for related matters. Tom Schedler Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 13:964(H) and 964.1(B) are hereby amended and reenacted to ------read as follows: §964. Court reporters for fourteenth judicial district Fourteenth Judicial ACT No. 156 District - - - * * * HOUSE BILL NO. 576 H. In all cases which are reported and transcribed for appeal, a fee of two BY REPRESENTATIVE THIBAUT dollars and twenty-five cents three dollars and twenty-five cents per page for AN ACT originals, and twenty-five cents seventy-five cents per page for each copy, shall To amend and reenact R.S. 46:1053(V)(2), relative to Hospital Service District be charged by and paid to the reporter. In those cases which are reported No. 1 of the parish of Pointe Coupee; to provide relative to the governing but not transcribed, one-half of the fees provided herein in this Subsection board of the district; to provide relative to the membership of the board; to for originals shall be charged by and paid to the reporter. Such fees shall be reduce the number of members of the governing authority of Pointe Coupee retained by the reporter as compensation, in addition to the salary provided Parish who may serve on the board; and to provide for related matters. for in Subsection G of this Section, and shall be taxed as costs of the suit in Notice of intention to introduce this Act has been published as provided by which the testimony is taken. Article III, Section 13 of the Constitution of Louisiana. * * * Be it enacted by the Legislature of Louisiana: §964.1. Fourteenth Judicial District; indigent transcript fund; reporter’s fees Section 1. R.S. 46:1053(V)(2) is hereby amended and reenacted to read as * * * follows: B. Court reporters shall be paid two dollars and twenty-five cents three §1053. Commission; qualification of members; appointment; vacancies; dollars and twenty-five cents per thirty-one two-line page for such work, compensation; removal of commissioners; certain powers and twenty-five seventy-five cents per page for each copy, as funds become * * * available, all such payments to be made from the criminal indigent transcript V. fund by the court administrator. * * * * * * (2) Notwithstanding any other provision of law to the contrary, three two Section 2. R.S. 13:964.2 is hereby repealed in its entirety. of the members appointed to the board of commissioners of Pointe Coupee Section 3. In accordance with the provisions of R.S. 13:62, the provisions of Parish Health Services District Number One the district may be members of this Act shall become effective if and when the Judicial Council provides a the governing authority of Pointe Coupee Parish. recommendation that such court costs or fees meet the applicable guidelines * * * in its 2018 Report to the Louisiana Legislature. Section 2. If three members of the governing authority of Pointe Coupee Approved by the Governor, June 12, 2017. Parish are serving on the board of commissioners of Hospital Service District A true copy: No. 1 of the parish of Pointe Coupee on the effective date of this Act, then Tom Schedler the term of one of such members shall terminate on that date, as determined Secretary of State by lot; however, any such member shall remain in office until his successor is ------appointed and takes office. Section 3. This Act shall become effective on February 1, 2019. ACT No. 159 Approved by the Governor, June 12, 2017. - - - A true copy: HOUSE BILL NO. 643 Tom Schedler BY REPRESENTATIVE HUVAL Secretary of State AN ACT ------To amend and reenact R.S. 22:821(B)(19)(c) and to enact R.S. 22:821(B)(23) (d), relative to license fees collected by the commissioner of insurance; to ACT No. 157 provide for an annual license renewal fee for viatical settlement providers; - - - to provide for a late renewal fee for insurance claims adjusters; and to HOUSE BILL NO. 611 provide for related matters. BY REPRESENTATIVE GLOVER Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 22:821(B)(19)(c) is hereby amended and reenacted and R.S. To enact R.S. 48:1844, relative to interstate highways; to designate a certain 22:821(B)(23)(d) is hereby enacted to read as follows: portion of Interstate 49 in the city of Shreveport, Louisiana, as the T.J. §821. Fees Hawkins, Craig E. Lear, Cooper Road USA Expressway; to provide an * * * effective date; and to provide for related matters. B. The following fees and licenses shall be collected in advance by the Be it enacted by the Legislature of Louisiana: commissioner of insurance: Section 1. R.S. 48:1844 is hereby enacted to read as follows: * * * §1844. T.J. Hawkins, Craig E. Lear, Cooper Road USA Expressway (19) For viatical settlement licenses: Notwithstanding any other law to the contrary, that portion of Interstate * * * 49 from its intersection with Interstate 220 to its intersection with Louisiana (c) Viatical settlement provider Highway 1 in the city of Shreveport, Louisiana, shall be known and designated First time applicant...... $1,000.00 as the “T.J. Hawkins, Craig E. Lear, Cooper Road USA Expressway”. Annual renewal...... $500.00 Section 2. This Act shall only take effect and become operative if and when * * * the portion of Interstate 49 from its intersection with Interstate 220 to its (23) For claims adjuster licenses and registrations: intersection with Louisiana Highway 1 in the city of Shreveport, Louisiana, * * * is completed by the Department of Transportation and Development or its (d) Fee for failure to file adjuster license renewal timely (per license) $50.00 contractors. * * * Section 3. Upon completion of the designated portion of Interstate 49, the Section 2. This Act shall become effective on July 1, 2017. Department of Transportation and Development or its contractors are hereby Approved by the Governor, June 12, 2017. directed to erect and maintain appropriate signage reflecting this designation, A true copy: provided local or private monies are received by the department equal to the Tom Schedler department’s actual costs for the material, fabrication cost, mounting posts, Secretary of State and installation required for installation of each sign, not to exceed the sum ------of five hundred fifty dollars per sign. Approved by the Governor, June 12, 2017. ACT No. 160 A true copy: - - - Tom Schedler HOUSE BILL NO. 674 Secretary of State (Substitute for House Bill No. 614 by Representative Gisclair) ------BY REPRESENTATIVE GISCLAIR AN ACT ACT No. 158 To authorize the use of certain state property near Grand Isle for seafood - - - research; to provide relative to protecting the state’s natural resources; to HOUSE BILL NO. 627 provide relative to the use of certain waters for oyster farming research; to BY REPRESENTATIVE DWIGHT provide relative to the specification of the boundaries and size of the areas AN ACT in which the research will be conducted; and to provide for related matters. To amend and reenact R.S. 13:964(H) and 964.1(B) and to repeal R.S. 13:964.2, Be it enacted by the Legislature of Louisiana: relative to court reporters; to provide for an increase in transcript fees in the

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 67 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Section 1.(A) The Grand Isle Port Commission may use, in accordance with to its terms. Such written agreement agreements shall provide for a fixed term this Act, the following described state water bottoms, water columns, and of employment, specify the director’s or hospital executive’s duties, and be water surfaces above the specified sections of water bottoms: renewable for an additional term or terms at the pleasure of the commission or An area of approximately twenty-five and one-half acres in Caminada Pass, hospital director, respectively. In the absence of a formal written employment Jefferson Parish, Louisiana, circumscribed by lines connecting the following agreement, the director shall serve at the pleasure of the commission and the points (projection in North American datum, 1983): hospital executive shall serve at the pleasure of the director. (1) The Northeast corner is located at 29 degrees, 13 minutes, 22.45 seconds, * * * North, 90 degrees, 02 minutes, 22.46 seconds, West. Approved by the Governor, June 12, 2017. (2) The Southeast corner is located at 29 degrees, 13 minutes, 12.95 seconds, A true copy: North, 90 degrees, 02 minutes, 28.65 seconds, West. Tom Schedler (3) The boundary shall then run northwest from the Southeast corner to a Secretary of State point 29 degrees, 13 minutes, 14.69 seconds, North, 90 degrees, 02 minutes, ------32.13 seconds, West. (4) The boundary shall then run southwest to a point 29 degrees, 13 minutes, ACT No. 162 08.59 seconds, North, 90 degrees, 02 minutes, 36.09 seconds, West. - - - (5) The Southwest corner is located at 29 degrees, 13 minutes, 10.53 seconds, SENATE BILL NO. 39 North, 90 degrees, 02 minutes, 39.97 seconds, West. BY SENATOR BOUDREAUX (6) The Northwest corner is located at 29 degrees, 13 minutes, 26.14 seconds, Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of North, 90 degrees, 02 minutes, 29.82 seconds, West. Louisiana. An area of approximately thirteen acres in Bayou Rigaud, Jefferson Parish, AN ACT Louisiana, circumscribed by lines connecting the following points (projection To amend and reenact R.S. 37:1263(F), relative to the Louisiana State Board in North American datum, 1983): of Medical Examiners; to provide for appointment terms; to provide for term (1) The Northeast corner is located at 29 degrees, 14 minutes, 27.52 seconds, limits; to provide for an effective date; and to provide for related matters. North, 90 degrees, 01 minutes, 03.03 seconds, West. Be it enacted by the Legislature of Louisiana: (2) The Southeast corner is located at 29 degrees, 14 minutes, 20.40 seconds, Section 1. R.S. 37:1263(F) is hereby amended and reenacted to read as follows: North, 90 degrees, 00 minutes, 55.54 seconds, West. §1263. Louisiana State Board of Medical Examiners; membership; (3) The Southwest corner is at 29 degrees, 14 minutes, 16.39 seconds, North, qualifications; appointment; removal; terms 90 degrees, 01 minutes, 00.65 seconds, West. * * * (4) The Northwest corner is at 29 degrees, 14 minutes, 23.57 seconds, North, F. Except as provided in Subsection D Paragraph (D)(3) of this Section, 90 degrees, 01 minutes, 08.22 seconds, West. members of the board shall be appointed for a term of four years, beginning (B) The port commission is authorized to use such water bottoms, water on July first of the year in which the appointment is made. No member shall columns, and water surfaces for the sole purpose of an off-bottom oyster serve more than three consecutive terms. (Crassostrea Virginica) culture project undertaken in cooperation with the Section 2. This Act shall become effective upon signature by the governor or, Louisiana Sea Grant program subject to approval of all state and federal if not signed by the governor, upon expiration of the time for bills to become agencies with jurisdiction over activities conducted in connection with the law without signature by the governor, as provided by Article III, Section 18 project. of the Constitution of Louisiana. If vetoed by the governor and subsequently Section 2. The commissioner of administration, on behalf of the state of approved by the legislature, this Act shall become effective on the day Louisiana, and the Grand Isle Port Commission are hereby authorized to enter following such approval. into such agreements, covenants, conditions, and stipulations and to execute Approved by the Governor, June 12, 2017. such documents as necessary to properly effectuate the use of property A true copy: described in Section 1 of this Act, and as more specifically described in any Tom Schedler such agreements entered into and documents executed by and between the Secretary of State state and the port commission. In determining appropriate compensation ------for the use of state property authorized by this Act, the commissioner may consider potential economic development and other benefits resulting from ACT No. 163 the research contemplated. - - - Section 3. The Grand Isle Port Commission may, in cooperation with the SENATE BILL NO. 52 Louisiana Sea Grant program, participate in a seafood research and economic BY SENATOR LONG development program in the area described in Section 1 of this Act. Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Approved by the Governor, June 12, 2017. Louisiana. A true copy: AN ACT Tom Schedler To enact R.S. 13:5554(FF), relative to the premium costs of group hospital Secretary of State and health insurance for retired sheriffs and retired deputy sheriffs; to ------provide relative to premium costs for retired sheriffs and retired deputy sheriffs of the Natchitoches Parish Sheriff’s Office; to provide for eligibility ACT No. 161 for payment of premium costs; to provide for applicability; and to provide - - - for related matters. SENATE BILL NO. 36 Be it enacted by the Legislature of Louisiana: BY SENATOR MARTINY Section 1. R.S. 13:5554(FF) is hereby enacted to read as follows: Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of §5554. Group insurance; kinds; amounts; subrogation Louisiana. * * * AN ACT FF. Notwithstanding the provisions of Subsection D of this Section, the sheriff To amend and reenact R.S. 46:1056(A) and (B), relative to employment contracts of Natchitoches Parish shall pay out of the sheriff’s general fund the premium in hospital service districts; to provide for authority to execute certain costs of group insurance for any retired sheriff and any retired deputy sheriff employment contracts; to provide for definitions; to provide for employment who retired from the Natchitoches Parish Sheriff’s Office and meets the regular terms; and to provide for related matters. retirement eligibility requirements of the Sheriffs’ Pension and Relief Fund, Be it enacted by the Legislature of Louisiana: as follows: Section 1. R.S. 46:1056(A) and (B) are hereby amended and reenacted to read (1) One hundred percent of the premium costs of group hospital, surgical, as follows: medical expense, and dental insurance, and the first ten thousand dollars of §1056. Hospital director and executives life insurance contracted for under the provisions of this Section if the sheriff A. The commission, with the approval of the medical staff, shall enter into or deputy sheriff retired with twenty-five years or more of creditable service a formal written employment agreement with a hospital director, hereafter with the Natchitoches Parish Sheriff’s Office. referred to as “director”, who has had experience in the field of hospital (2) Seventy-five percent of the premium costs of group hospital, surgical, administration and is familiar with the principles and methods of hospital and medical expense, and dental insurance, and the first ten thousand dollars of institutional care, and the hospital may enter into a formal written employment life insurance contracted for under the provisions of this Section if the sheriff agreement with any hospital executive. For purposes of this Section, “hospital or deputy sheriff retired with twenty years of creditable service with the executive” includes but is not limited to any senior member of management Natchitoches Parish Sheriff’s Office. such as vice president, assistant administrator or department director. He The (3) Fifty percent of the premium costs of group hospital, surgical, medical director and any hospital executive shall be a full-time employee employees of expense, and dental insurance, and the first ten thousand dollars of life the district or of the hospital management firm. and The director shall receive insurance contracted for under the provisions of this Section if the sheriff a salary fixed by the commission. or deputy sheriff retired with fifteen years of creditable service with the B. If the director and commission enter into a formal written employment Natchitoches Parish Sheriff’s Office. agreement, notwithstanding any law to the contrary, such agreement shall (4) The provisions of this Subsection shall apply only to persons hired by bind both parties to its terms. If a hospital executive and hospital, upon the the Natchitoches Parish Sheriff’s Office on or after August 1, 2017, and who authority of the director, enter into a formal written employment agreement, subsequently retire from the Natchitoches Parish Sheriff’s Office. notwithstanding any law to the contrary, such agreement shall bind both parties THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 68 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (5) The provisions of Paragraph (G)(1) of this Section shall apply to all persons consents to the abortion. The affiant shall provide sufficient evidence of hired by the Natchitoches Parish Sheriff’s Office before August 1, 2017. identity that shall be expressly specified in the affidavit to establish an Approved by the Governor, June 12, 2017. articulable basis for a reasonably prudent person to believe that the affiant is A true copy: one of the following: Tom Schedler (i) The lawful mother. Secretary of State (ii) The lawful father. ------(iii) The legal guardian. (iv) The lawful tutor of the minor. ACT No. 164 (b) A copy of a valid and unexpired driver’s license or a government- - - - issued identification card of the individual giving consent on behalf of the SENATE BILL NO. 76 unemancipated minor as provided for in Subparagraph (a) of this Paragraph. BY SENATOR LAMBERT * * * Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of B. The following provisions shall apply to all applications for court orders Louisiana. by minors seeking abortions and appeals from denials of applications: AN ACT * * * To amend and reenact Code of Criminal Procedure Article 611(C), relative (3) * * * to venue in criminal matters; to allow venue for certain criminal matters (b) * * * to be the parish in which the victim resides as well as the parish in which (ii) Such evaluation and counseling session shall be for the purpose of the crime occurred; and to provide for related matters. developing trustworthy and reliable expert opinion concerning the minor’s Be it enacted by the Legislature of Louisiana: sufficiency of knowledge, insight, judgment, and maturity with regard to her Section 1. Code of Criminal Procedure Article 611(C) is hereby amended abortion decision in order to aid the court in its decision and to make the state’s and reenacted to read as follows: resources available to the court for this purpose. Persons conducting such Art. 611. Venue; trial where offense committed sessions may shall employ the information and printed materials referred to * * * in R.S. 40:1061.17 in examining how well the minor interviewed is informed C. If the offender is charged with the crime of identity theft any of the about pregnancy, fetal development, abortion risks and consequences, the following offenses, the offense is deemed to have been committed either in indicators of human trafficking, and abortion alternatives, and should shall the parish where the theft offense occurred or where the victim resides.: also endeavor to verify that the minor is seeking an abortion of her own free (1) R.S. 14:67.3, unauthorized use of an access card. will and is not acting under intimidation, threats, abuse, undue pressure, (2) R.S. 14:67.16, identity theft. or extortion by any other persons and is not a victim of a coerced abortion as (3) R.S. 14:70.4, access device fraud. defined in Children’s Code Art. 603(9). (4) R.S. 14:70.8, illegal transmission of monetary funds. (iii) For purposes of providing screening to protect the safety and well- (5) R.S. 14:71.1, bank fraud. being of the minor, such evaluation and counseling session shall also endeavor (6) R.S. 14:72, forgery. to ascertain whether the minor is pregnant as a result of sexual activity (7) R.S. 14:72.2, monetary instrument abuse. constituting a crime under the laws of this state, or as a result of commercial Section 2. This Act shall become effective upon signature by the governor sexual exploitation of the minor, and shall inform the minor of resources or, if not signed by the governor, upon expiration of the time for bills to available for her protection. become law without signature by the governor, as provided by Article III, (iv) The results of such evaluation and counseling shall be reported to Section 18 of the Constitution of Louisiana. If vetoed by the governor and the court by the most expeditious means, commensurate with security and subsequently approved by the legislature, this Act shall become effective on confidentiality, to assure receipt by the court prior to or at the ex parte the day following such approval. hearing. Approved by the Governor, June 12, 2017. (4)(a) If the minor has not been interviewed in such evaluation and counseling A true copy: session prior to the ex parte hearing, such that the court does not have the Tom Schedler benefit of the required report, then the court may appoint a certified child Secretary of State advocate attorney to be present with the minor at the ex parte hearing for ------the purpose of assisting the minor in communicating to the court whether her abortion decision is made with sufficient maturity and free and informed ACT No. 165 consent, commensurate with the duty of confidentiality. A certified child - - - advocate attorney shall be given sufficient time on the same day as the ex SENATE BILL NO. 111 parte hearing to review with the minor the information and printed materials BY SENATORS MIZELL AND THOMPSON AND REPRESENTATIVES referred to in R.S. 40:1061.17, in evaluating how well the minor is informed AMEDEE, ANDERS, BACALA, BAGLEY, BARRAS, BERTHELOT, BISHOP, about pregnancy, fetal development, abortion risks and consequences, the BROADWATER, TERRY BROWN, STEVE CARTER, CHANEY, CONNICK, indicators of human trafficking, and abortion alternatives. The certified child COUSSAN, COX, CREWS, CROMER, DAVIS, DEVILLIER, DWIGHT, advocate attorney shall also endeavor to assist in the court’s determination of EDMONDS, EMERSON, FALCONER, GAROFALO, GISCLAIR, GUINN, whether the minor is seeking the abortion of her own free will and is not acting LANCE HARRIS, HAVARD, HAZEL, HENSGENS, HILFERTY, HILL, under intimidation, threats, undue pressure, or extortion by other persons, HOFFMANN, HORTON, HOWARD, HUVAL, IVEY, JOHNSON, LEBAS, is not a victim of coerced abortion as defined in Children’s Code Art. 603(9), MCFARLAND, MIGUEZ, GREGORY MILLER, JAY MORRIS, POPE, PUGH, and is not in need of assistance or protective orders if the minor is a victim of PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER, SIMON, STAGNI, commercial sexual exploitation as defined in Children’s Code Art. 603(9.1), or STEFANSKI, STOKES, THOMAS, WHITE AND ZERINGUE any crime against the child as defined in Children’s Code Art. 603(12). Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of (b) If the court, using reasoned judgment and evidentiary evaluation, Louisiana. finds, by clear and convincing evidence, that the minor is sufficiently mature AN ACT and well enough informed to make the decision concerning the abortion on To amend and reenact the introductory paragraph of R.S. 40:1061.14(A), R.S. her own, and further finds that the minor is not a victim of coerced abortion, 40:1061.14(A)(1) and (B)(3)(b)(ii) and (iii) and (4), 1061.19(A)(2), and 1061.21(A) and is seeking the abortion of her own free will, the court shall issue an order (5) and to enact R.S. 40:1061.14(B)(3)(b)(iv) and 1061.14.1, relative to abortion authorizing the minor to act on the matter without parental consultation or for an unemancipated minor; to provide for parental consent; to provide for consent. court orders; to require identification for parents or guardians; to provide (c) Whether or not the court authorizes the abortion, if the court finds by a for counseling for minor children who are victims of coerced abortions or preponderance of the evidence that the minor is a victim of commercial sexual commercial sexual exploitation; to provide for evaluation and counseling; exploitation as defined in Children’s Code Art. 603(9.1), or any crime against to provide for recordkeeping; to provide for penalties; to provide for the child as defined in Children’s Code Art. 603(12), the court may issue any reporting; to provide for severability; and to provide for related matters. appropriate protective orders or afford the minor the continued services of a Be it enacted by the Legislature of Louisiana: court-appointed special advocate, or both. Section 1. The introductory paragraph of R.S. 40:1061.14(A), R.S. * * * 40:1061.14(A)(1) and (B)(3)(b)(ii) and (iii) and (4), 1061.19(A)(2), and 1061.21(A) §1061.14.1. Fraudulent interference with parental consent (5) are hereby amended and reenacted and R.S. 40:1061.14(B)(3)(b)(iv) and A. Any person giving parental consent pursuant to R.S. 40:1061.14(A)(1) 1061.14.1 are hereby enacted to read as follows: on behalf of a minor on whom an abortion was completed shall be subject to §1061.14. Minors R.S. 14:70.7 providing penalties for the unlawful production, manufacturing, A. No physician shall perform or induce an abortion upon any pregnant distribution or possession of fraudulent documents for identification purposes. woman who is under the age of eighteen years and who is not emancipated B. Any employee of a licensed outpatient abortion facility who knowingly aids judicially or by marriage unless the physician or a qualified person acting and abets a person who is not the mother, father, legal guardian, or tutor of a as agent of the physician pursuant to R.S. 40:1061.17(B)(4)(c) has received one minor on whom an abortion was performed in the execution or acceptance of of the following those documents provided for in either Paragraph (1) or (2) of the parental consent requirements as required by R.S. 40:1061.14(A)(1), shall be this Subsection: subject to the penalties in R.S. 40:1061.29. (1)(a) A notarized statement signed by the mother, father, legal guardian, * * * or tutor of the unemancipated minor declaring that the affiant has been informed that the minor intends to seek an abortion and that the affiant THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 69 (House Bills) and underscored and boldfaced (Senate Bills) are additions. §1061.19. Records ACT No. 167 A. Each physician shall retain and make part of the medical record of each - - - pregnant woman upon whom an abortion is performed or induced, copies of SENATE BILL NO. 200 the following: BY SENATOR ERDEY * * * AN ACT (2) The consent form or court order required by R.S. 40:1061.14, if applicable. To enact R.S. 33:3887(C), relative to the Livingston Parish Sewer District; to If the pregnant woman is an unemancipated minor, one of the following: provide for an increase in the membership of the board of supervisors; and (a) A notarized consent form and copies of identification as provided for in to provide for related matters. R.S. 40:1061.14(A)(1). Notice of intention to introduce this Act has been published. (b) A court order required by R.S. 40:1061.14(B), if applicable. Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 33:3887(C) is hereby enacted to read as follows: §1061.21. Reports §3887. Supervising board A. An individual abortion report for each abortion performed or induced * * * shall be completed by the attending physician. The report shall be C. Notwithstanding the provisions of Subsection A of this Section, the board confidential and shall not contain the name or address of the woman. The of supervisors of the Livingston Parish Sewer District shall consist of seven report shall include: members, subject to all other requirements of qualifications for office provided * * * in Subsection A. (5)(a) Age of pregnant woman. Section 2. This Act shall become effective upon signature by the governor (b) If the pregnant woman is a minor, a notation of whether the abortion was or, if not signed by the governor, upon expiration of the time for bills to performed pursuant to either notarized parental consent or a judicial bypass become law without signature by the governor, as provided by Article III, order as provided for in R.S. 40:1061.14. Section 18 of the Constitution of Louisiana. If vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on Section 2. If any one or more provisions, sections, subsections, sentences, the day following such approval. clauses, phrases, or words of this Act or the application thereof to any Approved by the Governor, June 12, 2017. person or circumstance is found to be unconstitutional, the same is hereby A true copy: declared to be severable in accordance with R.S. 24:175 and the balance of Tom Schedler this Act shall remain effective notwithstanding such unconstitutionality. Secretary of State The legislature hereby declares that it would have passed this Act, and each ------provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, ACT No. 168 sentences, clauses, phrases, or words be declared unconstitutional. - - - Approved by the Governor, June 12, 2017. SENATE BILL NO. 204 A true copy: BY SENATOR GARY SMITH Tom Schedler AN ACT Secretary of State To enact R.S. 25:224 to authorize St. John the Baptist Parish to name the ------St. John the Baptist Parish Library’s central branch in honor of a living person; and to provide for related matters. ACT No. 166 Notice of intention to introduce this Act has been published. - - - Be it enacted by the Legislature of Louisiana: SENATE BILL NO. 184 Section 1. R.S. 25:224 is hereby enacted to read as follows: BY SENATOR LUNEAU §224. Naming of library by governing authority of St. John the Baptist Parish Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Notwithstanding R.S. 42:267 or any other law to the contrary, the governing Louisiana. authority of St. John the Baptist Parish may name the parish library’s central AN ACT branch in LaPlace in honor of Norris Butch Millet Sr., a living person who has To amend and reenact R.S. 22:2062(A)(1) and to enact R.S. 22:2062(A)(2)(c), served on the St. John the Baptist Parish Library Board of Control since 1966 relative to the Louisiana Insurance Guaranty Association; to provide with and is a past board president and vice president. respect to the exhaustion of other coverage; to provide for the exclusion of Approved by the Governor, June 12, 2017. a credit against uninsured and underinsured motorist policies upon the A true copy: insolvency of the insurer; and to provide for related matters. Tom Schedler Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 22:2062(A)(1) is hereby amended and reenacted and R.S. ------22:2062(A)(2)(c) is hereby enacted to read as follows: §2062. Exhaustion of other coverage ACT No. 169 A.(1) Any person having a claim against an insurer shall be required - - - first to exhaust all coverage provided by any other policy other than his own SENATE BILL NO. 210 uninsured or underinsured motorist policy, including the right to a defense BY SENATOR ERDEY under the other policy, if the claim under the other policy arises from the AN ACT same facts, injury or loss that gave rise to the covered claim against the To amend and reenact R.S. 38:1759, relative to the board of commissioners association. The requirement to exhaust shall apply without regard to of Gravity Drainage District No. 2 of Livingston Parish; to increase the whether or not the other insurance policy is a policy written by a member membership of the board of commissioners; and to provide for related insurer. However, no person shall be required to exhaust any right under matters. the policy of an insolvent insurer or any right under a life insurance policy Notice of intention to introduce this Act has been published. or annuity. Be it enacted by the Legislature of Louisiana: (2) Any amount payable on a covered claim under this Part shall be Section 1. R.S. 38:1759 is hereby amended and reenacted to read as follows: reduced by the full applicable limits stated in the other insurance policy, or §1759. Appointment and terms of commissioners by the amount of the recovery under the other insurance policy as provided A. The police jury organizing the drainage district shall appoint five herein. The association and the insured shall receive a full credit for the commissioners in each district, two of the commissioners for the term stated limits, unless the claimant demonstrates that the claimant used of two years and three for the term of four years, and all selections reasonable efforts to exhaust all coverage and limits applicable under the or appointments thereafter shall be for the term of four years. The other insurance policy. If the claimant demonstrates that the claimant used appointment of commissioners by the police jury shall be made upon the reasonable efforts to exhaust all coverage and limits applicable under the petition or recommendation of a majority in number of acres or a majority other insurance policy, or if there are no applicable stated limits under the of the resident land owners in the district where the district contains forty policy, the association and the insured shall receive a full credit for the or less fewer land owners. Where more than forty land owners are embraced total recovery. in the district, the appointment shall be made upon the recommendation * * * or petition of twenty-five of the land owners of the district. Where there (c) The provisions of this Paragraph shall not apply to uninsured or is a contest over the appointment of commissioners, the police jury shall underinsured motorist policies. give the appointment to those commissioners who are recommended by the * * * land owners owning the greatest number of acres of land in the districts. In Approved by the Governor, June 12, 2017. the absence of any petition or recommendation, the police jury may appoint A true copy: commissioners in their discretion. Tom Schedler B. Notwithstanding the provisions of Subsection A of this Section, the board Secretary of State of commissioners of Gravity Drainage District No. 2 of Livingston Parish shall ------consist of seven members, subject to all other requirements of qualifications for office provided in Subsection A of this Section. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 70 (House Bills) and underscored and boldfaced (Senate Bills) are additions. become law without signature by the governor, as provided by Article III, whom that chief issues commissions be P.O.S.T. certified or P.O.S.T. qualified, Section 18 of the Constitution of Louisiana. If vetoed by the governor and or both, shall pay the cost of providing to those local arson investigators subsequently approved by the legislature, this Act shall become effective on the training necessary to obtain the P.O.S.T. certification or the P.O.S.T. the day following such approval. qualification, or both. Approved by the Governor, June 12, 2017. (3) Local arson investigators who are required by their chief to be P.O.S.T. A true copy: certified or P.O.S.T. qualified, or both, are specifically authorized to attend Tom Schedler any school or training course which is operated by a commercial entity or Secretary of State which is operated by a public agency and which is open to peace officers from ------more than one law enforcement agency. Each person or agency operating a school or a training course which is attended by local arson investigators ACT No. 170 shall award the appropriate document or documents to each local arson - - - investigator who successfully completes the requirements for P.O.S.T. SENATE BILL NO. 211 certification or for P.O.S.T. qualification, or both. The Louisiana Commission BY SENATOR GARY SMITH on Law Enforcement and Administration of Criminal Justice and the Council Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of on Peace Officer Standards and Training shall make the provisions which are Louisiana. necessary to enable local arson investigators to attend the required schools AN ACT and training courses and for those local arson investigators who successfully To amend and reenact R.S. 40:1563.1(A)(20) and (C), (D), and (E) and to enact complete the requirements for P.O.S.T. certification or P.O.S.T. qualification, R.S. 14:206.1 and R.S. 40:1563.1(A)(21) and (F), relative to life safety and or for both, to receive the appropriate documents to demonstrate the P.O.S.T. property protection contracting; to create the crime of life safety and certification or P.O.S.T. qualification, or both. property protection contracting without authority; to provide the elements (4) Possession of a P.O.S.T. certification or P.O.S.T. qualification, or both, by of the crime; to provide penalties; to provide relative to the authority of the a local arson investigator shall not grant to that local arson investigator any fire marshal to investigate the crime; and to provide for related matters. authority other than the authority granted by a commission issued pursuant Be it enacted by the Legislature of Louisiana: to this Subsection. Section 1. R.S. 14:206.1 is hereby enacted to read as follows: (5) The authority granted by a commission which is issued under the §206.1. Engaging in life safety and property protection contracting without provisions of this Subsection shall be limited to the powers, functions, authority prohibited; penalty duties, and responsibilities which are set forth for local arson investigators A. It shall be unlawful for any person to engage in the business of life safety in this Section. A commission which is issued under the provisions of this and property protection contracting, as defined in R.S. 40:1664.3, unless he Subsection shall not grant any authority other than the powers, functions, holds an active license as required by R.S. 40:1664.4. duties, and responsibilities which are set forth for local arson investigators B. It shall be sufficient for the indictment, affidavit, or complaint to allege in this Section. that the accused unlawfully engaged in life safety and property protection (6) The authority to carry and use firearms which is granted to local arson contracting without authority from the office of state fire marshal. investigators by a commission which is issued under the provisions of this C.(1) Any person violating this Section shall be guilty of a misdemeanor and, Subsection is limited to the power to carry weapons while acting in the upon conviction, shall be imprisoned for not more than ninety days, fined not course and scope of their duties as local arson investigators. Local arson more than five hundred dollars per day of the violation, or both. investigators may carry concealed weapons while acting in the course and (2) Notwithstanding any action taken by the office of state fire marshal, any scope of their duties, and the provisions of R.S. 14:95 shall not apply to local person who does not possess a license as required by R.S. 40:1664.4, and who arson investigators who carry concealed weapons while acting in the course violates any provision of this Section and causes harm or damage to another in and scope of their duties. excess of five hundred dollars, upon conviction, shall be imprisoned for up to E. F. The fire marshal shall have the authority to commission local six months, fined not less than five hundred dollars nor more than five thousand certified arson investigators to serve on a multi-jurisdictional arson task dollars, or both. force operated by the fire marshal. The fire marshal shall have the power (3) Notwithstanding the provisions of R.S. 15:571.11, any fine assessed and to promulgate rules and regulations to accomplish the operations and collected pursuant to this Subsection shall be remitted to the Louisiana Life functions of the task force and to issue orders for the enforcement of such Safety and Property Protection Trust Fund provided for in R.S. 40:1664.9(J). rules and regulations. Section 2. R.S. 40:1563.1(A)(20) and (C), (D), and (E) are hereby amended Approved by the Governor, June 12, 2017. and reenacted and R.S. 40:1563.1(A)(21) and (F) are hereby enacted to read A true copy: as follows: Tom Schedler §1563.1. Authority to make arrests and carry firearms; arson task force Secretary of State A. The fire marshal, the first assistant fire marshal, each deputy fire marshal, ------certified local authorities, and state or municipal arson investigators, while engaged in the performance of their duties as such, shall have the authority ACT No. 171 to investigate and cause the arrest of individuals suspected of having - - - violated the following criminal laws: SENATE BILL NO. 219 * * * BY SENATOR FANNIN (20) R.S. 14:206.1, engaging in life safety and property protection contracting Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of without authority. Louisiana. (21) Any other criminal laws making unlawful an attempt or conspiracy to AN ACT commit the foregoing offenses. To authorize and provide for hospital service district board membership in * * * any parish with a population greater than sixteen thousand and less than C. The fire marshal, the first assistant fire marshal, and each deputy fire seventeen thousand, according to the latest federal decennial census; to marshal shall have the authority to investigate and cause the arrest of any person provide for board composition; to provide for minimum qualifications; and suspected of having committed any offense connected to the investigation of to provide for related matters. any of the offenses enumerated in Subsection A of this Section, or connected Be it enacted by the Legislature of Louisiana: to the investigation of a burn injury report submitted to the office of state fire Section 1. Notwithstanding any provision of law to the contrary, the governing marshal in accordance with R.S. 14:403.4. authority of any parish with a population greater than sixteen thousand and D. The fire marshal shall issue a commission to any state arson investigator less than seventeen thousand, according to the latest federal decennial census, who qualifies as P.O.S.T. certified to carry firearms allowing him to carry shall have a hospital service district board governed by five commissioners, and use firearms and to arrest individuals suspected of violating the crimes who shall be qualified voters and residents of the parish and shall possess the enumerated in this Section. following qualifications: one commission member who shall possess financial D. E. The governing authority of a political subdivision may authorize expertise as the officer or owner of a bank or group of banks in the parish, one the chief of each fire protection district, each fire department, and each commission member who shall possess legal expertise as a licensed attorney in volunteer fire department which is within that political subdivision to issue good standing in the parish who shall not be employed by the district attorney’s a commission to any local arson investigator allowing him to carry and use office, one commission member who shall possess medical expertise and is a firearms and to arrest individuals suspected of violating crimes enumerated licensed practitioner at the hospital service district hospital in the parish, one in this Section. The issuance of a commission pursuant to this Subsection, commission member who shall possess business or accounting expertise and is the powers granted by those commissions, and the use of firearms by the a licensed certified public accountant or who holds a master’s degree in business persons to whom those commissions are issued shall be subject to all of the administration and practices in the parish, and one commission member who following provisions: shall have managerial expertise and is employed by a manufacturer located in (1) The chief of each fire protection district, each fire department, and the parish of products made from pulp wood or other fibrous substances with each volunteer fire department who issues a commission to a local arson more than two hundred employees. The commissioners shall be appointed by a investigator may require that the local arson investigator be certified by the majority vote of the police jury of the parish for six year terms. Council on Peace Officer Standards and Training( P.O.S.T.) or be qualified by Section 2. The police jury of the parish shall ensure that all necessary the P.O.S.T. Council on Peace Officer Standards and Training, or both. appointments are made such that the commission members appointed pursuant (2) The chief of each fire protection district, each fire department, and each to this Act shall assume their responsibilities on August 1, 2017. volunteer fire department who requires that local arson investigators to THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 71 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Approved by the Governor, June 12, 2017. pages. All documents that exceed ten pages, twenty-five dollars for the first A true copy: page and eight dollars for each subsequent page. Tom Schedler (a) For one to five page documents, one hundred dollars. Secretary of State (b) For six to twenty-five page documents, two hundred dollars. ------(c) For twenty-six to fifty page documents, three hundred dollars. (d) For documents in excess of fifty pages, three hundred dollars for first fifty ACT No. 172 pages and five dollars for each subsequent page. - - - (e) For indexing of all documents filed for record for each name after the tenth SENATE BILL NO. 234 name that is required to be indexed, five dollars per name. BY SENATOR LAFLEUR AND REPRESENTATIVE MARCELLE (f) The above set forth fees shall be inclusive of the following: Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of (i) Indexing of all documents filed for record for up to ten names. Louisiana. (ii) One certified copy of the recorded document or e-certification of document. AN ACT (g) Notwithstanding any other provision of law to the contrary, there shall be To amend and reenact Code of Criminal Procedure Article 323(B), relative a fee of fifty dollars for the recordation of an act or affidavit to cancel a single to bail; to provide that a secured personal surety specifically relate to mortgage, lien, or privilege. identified property; and to provide for related matters. (h) If a document is to be recorded and filed in both the mortgage and Be it enacted by the Legislature of Louisiana: conveyance records, the fees provided in this Section shall be assessed Section 1. Code of Criminal Procedure Article 323(B) is hereby amended separately for recording in the mortgage records and in the conveyance records. and reenacted to read as follows: (i) Documents to be recorded may be either on eight-and-one-half-inch-by- Art. 323. Secured personal surety eleven-inch paper or on eight-and-one-half-inch-by-fourteen-inch paper and the * * * recording fees set forth in this Section shall be the same regardless of which B. Bail without surety may be secured by a mortgage on the immovable size paper is used. For any other size paper, there shall be an additional fee of property of the defendant pursuant to this Article or unsecured. A secured twenty dollars per page. personal surety may establish a mortgage over immovable property in favor (2) For indexing of all documents filed for record for each name after the of the state of Louisiana or the proper political subdivision to secure a bail first name that is required to be indexed, five dollars per name. undertaking. The security shall apply only to and be limited to that immovable (3) For notarizing acknowledgments of acts executed under private property specifically described in the mortgage. signature, with seal and certificate, five ten dollars. * * * (4)(3) For certificate of real estate mortgage and lien certificate with seal, Section 2. This Act shall become effective upon signature by the governor for each name in which search is made, and for one definable property only, or, if not signed by the governor, upon expiration of the time for bills to twenty dollars for the first name and ten dollars for each additional name. become law without signature by the governor, as provided by Article III, There shall be an additional charge of one dollar per exception in the event Section 18 of the Constitution of Louisiana. If vetoed by the governor and that more than ten exceptions are contained on a certificate. subsequently approved by the legislature, this Act shall become effective on (5)(4) For canceling real estate mortgage, with original note, ten dollars. the day following such approval. (6)(5) For making copies of all official documents, no more than two dollars Approved by the Governor, June 12, 2017. per page. A true copy: (7)(6) For Except as provided in R.S. 13:844(A)(1)(f)(ii), for attesting any Tom Schedler record or copy thereof, five ten dollars. For a file-stamped conformed copy, Secretary of State five dollars. ------(8) For canceling of lien for paving or installation of sewerage system, ten dollars. ACT No. 173 B.(1) The funds derived by the clerk of court in the parish of Calcasieu - - - from that portion of the fees collectable pursuant to this Subsection above SENATE BILL NO. 236 the amount of such fees collectable at the rates provided by R.S. 13:844 prior BY SENATOR LAFLEUR to the amendment thereof at the 1981 Regular Session of the Legislature Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of shall be expended exclusively for the payment of salaries of deputy clerks of Louisiana. court in that parish. As used in this Section, a “document” is defined as those AN ACT pages presented together for filing or recording, inclusive of the act, together To amend and reenact R.S. 9:5217, R.S. 13:844, R.S. 44:40(A), (B), (C), and (E), with exhibits, riders, or additional documents attached thereto, including but 116(A) and (B), and 161, Civil Code Art. 3352(C), and Code of Civil Procedure not limited to powers of attorney, property description exhibits, tax certificates Art. 258(A), and to enact Code of Civil Procedure Arts. 258(D) and 259, and researches, mortgage certificates, resolutions, certificates, and surveys. relative to clerks of court; to provide for fees for services rendered; to (2) Every document filed for recordation shall be captioned as to type of act provide standards for documents to be recorded; to provide alternate on the first page, and shall have on the first page a margin of two inches at the means to maintain copies of recorded documents; to provide indexing top and one inch at the bottom and sides. The type size shall not be less than standards; to require plans for recording electronic documents; to provide eight point. relative to redaction and contents of certain personal information in C. In addition to the above charges, the clerks of court as ex officio notaries filings and recordings; and to provide for related matters. public may make a reasonable charge for drawing deeds, mortgages, chattel Be it enacted by the Legislature of Louisiana: mortgages, liens, or other similar instruments. Section 1. R.S. 9:5217 is hereby amended and reenacted to read as follows: D. (1) For purposes of establishing the filing and recording fee, every §5217. Recorder’s fees for multiple indebtedness mortgages; form document filed for recordation shall be captioned as to type of act on the A. The uniform filing fee that a recorder in any parish of this state is first page, and shall have on the first page a margin of two inches at the top, authorized to charge for the filing and recordation of a multiple indebtedness and one inch at the bottom and sides. The type size shall not be less than mortgage executed in accordance with Civil Code Article 3298 is twenty- eight point. five dollars, plus ten dollars for each subsequent page, and five dollars for (2) For any document not in compliance with Paragraph (1) above, there each name after the first name that is required to be indexed as set forth shall be an additional ten-dollar noncompliance fee per document. in R.S. 13:844. Notwithstanding the provisions of R.S. 13:844, R.S. 44:234, E. In addition to the fees provided in Subsection A of this Section, the or any similar provision or any other law to the contrary, the provisions clerk of the Twenty-Fourth Judicial District for the parish of Jefferson may of this Section establish the sole and exclusive method of determining the demand and receive additional fees in an amount not to exceed twenty- filing and recordation fee for a multiple indebtedness mortgage executed five percent of the fees specified in Subsection A of this Section. The funds in accordance with Civil Code Article 3298, regardless of the length of such so derived by the clerk shall be expended exclusively for the payment of mortgage. salaries of deputy clerks of court in that parish. B. For purposes of establishing the recordation fee, every multiple Section 3. R.S. 44:40(A), (B), (C), and (E), 116 (A) and (B), and 161 are hereby indebtedness mortgage filed for recordation shall be captioned as a amended and reenacted to read as follows: “multiple indebtedness mortgage” or “multiple obligations mortgage” on §40. Additional copies of records by microphotographic process; purchase the first page, and shall have on the first page a margin of two inches at the of equipment; funds available for payment; copies of suit records top and one inch at the bottom and on each side, and all subsequent pages A. The several clerks of court and ex officio recorders and registers of shall have a margin requirement of one inch on all sides. In addition, the conveyances and recorders of mortgages, throughout the state, are hereby type size shall be not less than eight point. authorized at their option to make additional copies, by any means of the C. For any document not in compliance with the requirements of microphotographic process, of all original acts and/or records thereof, Subsection B there shall be an additional noncompliance fee of ten dollars including criminal records authorized by R.S. 44:116, of every nature and per document. kind in their custody by virtue of their various official capacities as such Section 2. R.S. 13:844 is hereby amended and reenacted to read as follows: clerks of court and ex officio recorders and registers of conveyances and §844. Fees of ex officio recorders recorders of mortgages, filed or recorded in their offices prior to July 29, A.(1) Clerks of the district courts as ex officio recorders may shall charge 1964, and subsequent thereto. the following fees for filing and recording documents: B. Such clerks of court and ex officio recorders and registers are hereby (1) For filing and recording any document, twenty-five dollars per book for authorized to purchase the necessary microphotographic equipment and the first page and ten dollars for each subsequent page per book up to ten equipment used to retrieve from storage microfilm copies for photorecording, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 72 (House Bills) and underscored and boldfaced (Senate Bills) are additions. photocopying, microfilming, or electronic imaging, to lease such equipment A. Notwithstanding any provision of law to the contrary, a clerk of court, or to contract with competent independent contractors, or both, according as ex officio recorder, the Orleans Parish register of conveyances, or its to the discretion of said the clerks of court and ex officio recorders and successor, or the Orleans Parish recorder of mortgages or its successor, registers, to cause the records described in this section Section to be copied hereinafter referred to as “recorder,” is authorized but not required to and reproduced by means of the microphotographic process. adopt and implement a published plan which shall include a written contract C. Each such clerk of court and ex officio recorder and register is hereby between the clerk of court, the Orleans Parish register of conveyances, or authorized to defray the cost of copying, reproducing, and retrieving the its successor, or the Orleans Parish recorder of mortgages, or its successor, records described in this section, including the cost of microphotographic and the filer, which complies with the Louisiana Uniform Electronic and retrieval equipment and services, Section out of any funds available in Transactions Act, R.S. 9:2601 et seq., and which provides for the acceptance the clerk’s salary fund. of an electronic record of any recordable written instrument except original * * * maps, plats, property descriptions, or photographs as related to the work of a E. The Notwithstanding the provisions of Subsection A of this Section or professional surveyor engaged in the “Practice of Land Surveying” as defined any other provision of law to the contrary, prior to destroying the original in R.S. 37:682 for filing and recording submitted by any person, department, criminal records and any other records of every nature and kind that are political subdivision, agency, branch, entity, or instrumentality of Louisiana deemed permanent under a record retention and disposal schedule adopted by or of the federal government or of a state-chartered or federally chartered the secretary of state and the clerks of court in accordance with R.S. 44:410 financial institution insured by the Federal Deposit Insurance Corporation and 411, the destruction of which is authorized by R.S. 13:917, the several or the National Credit Union Administration. The filer of such an electronic clerks of court, including the clerks of the Criminal or Civil District Courts record shall certify to the recorder that the written instrument from which for the parish of Orleans, shall make and retain in their custody, by means the electronic record is taken conforms to all applicable laws relating to the of the microphotographic process, a copy of all original criminal and civil form and content of instruments which are submitted in writing. records of every nature and kind, which are deemed permanent under a * * * record retention and disposal schedule adopted by the secretary of state D. On or before January 1, 2022, each clerk of court, including the Orleans and the clerks of court in accordance with R.S. 44:410 and 411. The clerks of Parish register of conveyances or its successor and the Orleans Parish recorder court may then destroy the original criminal records and any other records, of mortgages or its successor, shall adopt and implement a plan for recording the destruction of which is authorized by R.S. 13:917, which have been so electronic documents in accordance with Paragraph A of this Article. copied and retained a copy of such records electronically on nonrewritable Art. 259. Liability of clerk of court magnetic, optical, or laser-type storage media, including but not limited to The clerk of court shall not be liable for any damages caused by any third CD-ROM. No cause of action for any claim shall exist against a clerk of court party to any information included in pleadings or documents filed of record by for any damage or loss resulting from the destruction of an original record the clerk of court. after proper preservation of the record in accordance herewith. However, Approved by the Governor, June 12, 2017. all records in suits affecting records relating to immovable property, or A true copy: adoption, interdiction, successions, trusts, or emancipation created prior to Tom Schedler 1922 shall be retained in their original form. Secretary of State * * * ------§116. Photostatic, photographic, microfilm, or other photographic or electronic copies of records; indexes of conveyance and mortgage records; ACT No. 174 disposition; evidentiary status; preservation - - - A. In all cases where the clerks of court and recorders of the various parishes SENATE BILL NO. 237 throughout the state, Orleans Parish excepted, are required by law to make BY SENATOR CORTEZ records of filings, documents, pleadings, and all other written instruments, AN ACT except including indexes, and registers of the same, such records may be To amend and reenact R.S. 47:338.86(B), relative to the issuance of bonds made by any method of photorecording, photocopying, microfilming, or other by the Lafayette Parish School Board; to provide for the maximum term; photographic method of reproduction or electronically on non-rewritable to provide for the application of the provisions of Chapters 13 and 13-A of magnetic, optical, or laser type laser-type storage media, including but not Title 39 of the Louisiana Revised Statutes of 1950 to the bonds; to provide limited to CD-ROM. However, the film stock used in making photographic relative to the form, provisions, and negotiability of the bonds; to provide or microphotographic copies and the processing of the copies shall comply for an effective date; and to provide for related matters. with the standards of the American National Standard Standards Institute Notice of intention to introduce this Act has been published. for permanent record photographic microcopying film and the electronic Be it enacted by the Legislature of Louisiana: media used shall comply with the standards of the International Standards Section 1. R.S. 47:338.86(B) is hereby amended and reenacted to read as Organization for electronic storage of records. follows: B. Whenever recordation by means of photorecording, photocopying, §338.86. Lafayette Parish School Board; use of sales and use tax proceeds; microfilming, or other photographic method of reproduction is used or when issuance of bonds electronic recordation on non-rewritable magnetic, optical, or laser type * * * laser-type storage media is used, any requirement expressed or implied B.(1) Subject to the approval at an election as hereinbefore required in in law for the above-mentioned records, other than including indexes and Subsection A of this Section, the Lafayette Parish School Board may fund the registers of the same, to be maintained in a book or bound volume shall be tax revenues into negotiable bonds in the manner herein provided. In order satisfied by the appropriate storage unit of microfilm or other photographic to obtain funds for the purpose of paying all or any part of the cost of any method employed, or tape or disk; however, the originals of conveyances, capital improvement on which the tax revenues may be expended, the board probate, mortgage, and other permanent records required by existing law may issue bonds payable solely from an irrevocable pledge and dedication to be kept for all time shall continue to be maintained in a book or bound of the avails or proceeds of the tax, subject only to the prior payment of the volume and shall remain subject to if a clerk of court elects to record by costs and expenses of administration and collection of the tax; provided, means of microfilming or other photographic method of reproduction, or however, said the bonds shall never not be issued if the principal and electronically, he shall have copies of the films, tapes, or disks available for interest maturities on all such bonds then outstanding and those proposed inspection, examination, and copying under the provisions of R.S. 44:31 et to be issued will require in any year in excess of fiftyper cent percent of the seq., and other applicable laws. avails or proceeds of the tax estimated by the board to be collected in the * * * calendar year during which the bonds are to be issued. §161. Double index; form and contents (2) The Lafayette Parish School Board shall, by resolution, fix the form, Recorders shall keep indexes, both direct and inverse, to all acts filed maturities, and terms of the bonds and the rate or rates of interest, payable for record in their respective offices which indexes shall contain, in annually or semi-annually, within the maximum rate prescribed herein. alphabetical order, references to the names of the parties to the acts, to the The bonds shall be issued in the name of the parish School Board of the file number assigned on recordation to the day, month, and year in which Parish of Lafayette, state of Louisiana, and shall be payable in such medium they are recorded, and to the book and page in which they are recorded. and at such place or places within or without the state as may be fixed by In addition to these requirements, all recorders shall adopt and adhere to such resolution. The bonds shall be serial coupon bonds, shall be payable any indexing standards that have been promulgated by the Louisiana Clerks’ in annual installments with maturities beginning not more than three Remote Access Authority, as provided for in R.S. 13:754. years after the date of the bonds, and shall run for a period not to exceed Section 4. Civil Code Article 3352(C) is hereby amended and reenacted to twenty-five years from the date thereof. No bonds issued hereunder shall read as follows: bear interest at a rate exceeding six per centum per annum, or be sold for Art. 3352. Recorded acts; required information less than par. All bonds shall be signed by the President and the Secretary * * * of the board, under its official seal, and the coupons shall be signed by the C. The recorder shall only display display only the last four digits of facsimile signatures of such officials. The delivery of any bonds or coupons the social security numbers or taxpayer identification numbers listed on so executed at any time thereafter shall be valid, although, before the date instruments that his office makes available for viewing on the Internet. of delivery, any person or persons signing the bonds or coupons shall cease Section 5. Code of Civil Procedure Article 258(A) is hereby amended and to hold office with a term not to exceed forty years. The maturities of the bonds reenacted and Code of Civil Procedure Articles 258(D) and 259 are hereby shall be so arranged that the total amount of principal and interest falling enacted to read as follows: due in any year, together with principal and interest falling due in such Art. 258. Electronic filing and recording of written instruments year on all bonds theretofore issued hereunder and then outstanding, shall THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 73 (House Bills) and underscored and boldfaced (Senate Bills) are additions. never exceed fifty per centum percent of the amount of sales tax revenues bonds are authorized to be issued but the purchasers of the bonds shall not estimated by the parish school board to be received by it in the calendar be obligated to see to the application thereof. year during which the bonds are issued. (11)(10) Before bonds are issued hereunder, the parish school board shall (3) Bonds issued hereunder shall constitute a borrowing solely upon the investigate and determine the regularity of the proceedings. The resolution credit of the sales and use tax revenues received or to be received by the authorizing the bonds may direct that they contain the following recital: board, and shall not constitute an indebtedness or pledge of the general “It is certified that this bond is authorized by and is issued in conformity credit of the parish or the board within the meaning of any constitutional or with the requirements of the constitution and statutes of this state.” statutory provision relating to the incurring of indebtedness, and the bonds Such recital shall be deemed to be an authorized declaration of the board shall contain a recital to that effect. Such bonds shall be in coupon form, but and to import that there is constitutional and statutory authority for issuing may be made registrable as to principal only if so provided in the resolution the bonds and imposing the tax; that all the proceedings therefor are authorizing the issuance thereof. They may be made redeemable in advance regular; that all acts, conditions and things required to exist, happen, and of maturity at the option of the board at such premium or premiums not be performed precedent to and in the issuance of the bonds and imposition greater than five per centum of the principal amount of the bonds as the of the tax have existed, have happened and have been performed in due board may determine. time, form, and manner as required by law; that the amount of the bonds, (4) Bonds issued hereunder shall be payable solely from and secured by together with all other indebtedness of the board does not exceed any limit an irrevocable pledge and dedication of such part of the sales tax revenues or limits prescribed by the constitution or statutes of this state; and that as may be pledged thereto in the authorizing resolution. Any holder of any the required notices have been duly and regularly given by publication in of such bonds, or coupons attached thereto, may either at law or in equity, the manner required by law. If any bonds are issued containing the above by suit, action, mandamus or other proceedings, enforce and compel recital, the same shall be construed according to the import herein declared, performance of all duties required to be performed by the board as a and it shall be conclusively presumed that the recital is true, and neither result of issuing the bonds, and may similarly enforce the provisions of the the board nor any taxpayer shall be permitted to question the validity or ordinance imposing the tax and the resolution and proceedings authorizing regularity of the bonds, obligations or tax in any court or in any action or the issuance of such bonds. proceeding. (5) The board may in any resolution authorizing such bonds provide for the (12)(11) After the time within which the validity of the bonds may be respective priorities of its separate blocks, series, or issues of bonds issued contested has elapsed, that is, thirty days from the date of publication of the hereunder, and may provide for the issuance of additional bonds in the resolution authorizing the bonds and pledging and dedicating the sales tax future on a parity therewith pursuant to such procedure or restrictions as revenues, the bonds shall be registered with the Secretary of State without may be specified in such resolution. In the absence of such provision, if more charge and shall have endorsed thereon the words: than one series of bonds shall be issued hereunder payable from the same “Incontestable. Secured by a pledge and dedication of a sales and use sales tax revenues, priority of lien on such revenues shall depend on the time tax in the Parish of Lafayette, Louisiana. Registered this _____ day of of the delivery of such bonds, each series enjoying a lien prior and superior ______, 20___. to that enjoyed by any series of bonds subsequently delivered, except that ______as to any issue or series of bonds which may be authorized as a unit but SECRETARY OF STATE” delivered from time to time in blocks, the board may in the proceedings All bonds issued under the provisions of this Section and the interest authorizing the issuance of such bonds provide that all of the bonds of such thereon shall be exempt from taxation. Said The bonds may be used for series or issue shall be co-equal as to lien regardless of the time of delivery;, deposit with any officer, board, municipality, or other political subdivision provided that nothing herein stated shall vest in any holder of bonds any of the State state of Louisiana in any case where deposit of security is right of lien or priority of any kind against any part of the sales and use required. tax revenues not pledged to the payment of the bonds by the proceedings (13)(12) The provisions of this Section shall be construed as cumulative authorizing the issuance thereof. authority for the exercise of the powers herein granted. The powers (6) When any bonds shall have been issued hereunder neither the conferred by this Section shall not be affected or limited by any other legislature, the board, nor any other authority may discontinue or decrease provision of any statute of the state, and no provision, publication, election the tax or permit to be discontinued or decreased the tax in anticipation of or right of referendum shall be required or afforded in the performance of the collection of which such bonds have been issued, or in any way make any any act herein authorized to be done, including the imposition, collection change in the allocation and dedication of the proceeds of such tax which and application of the tax and issuance of bonds payable therefrom, except would diminish the amount of the sales and use tax revenues to be received as herein otherwise specifically provided. Notwithstanding any provision of by the board, until all of such bonds shall have been retired as to principal this Section or any other law to the contrary, any bonds issued pursuant to this and interest, and there is hereby vested in the holders from time to time of Section shall also be subject to the provisions of Chapters 13 and 13-A of Title such bonds and the coupons representing interest thereon, a contract right 39 of the Louisiana Revised Statutes of 1950. in the provisions of this Section. (14)(13) Bonds issued hereunder shall have all the qualities of negotiable (7) Any resolution may contain such covenants with the future holder or paper and shall constitute negotiable instruments under the Negotiable holders of the bonds as to the sales and use tax revenues, the disposition Instruments Law of the state of Louisiana. They shall not be invalid for any of such revenues, the issuance of future bonds, and such other pertinent irregularity or defect in the proceedings for the issuance and sale thereof matters as may be deemed necessary by the parish school board to assure the and shall be incontestable in the hands of bona fide purchasers or holders marketability of such bonds, provided such covenants are not inconsistent for value. with the provisions of this Section. (15)(14) The resolution authorizing the issuance of the bonds hereunder (8) Any resolution authorizing the issuance of bonds hereunder may and pledging and dedicating sales and use tax revenues to the payment contain such provisions to assure the enforcement, collection, and proper thereof shall be recorded in the mortgage records of the parish of Lafayette application of the sales and use tax revenues as the board may think proper, and shall be published in one issue of the official journal of the board. For a where not inconsistent with the provisions of this Section, and when any period of thirty days from the date of the publication of said the resolution, bonds payable from the tax revenues shall have been issued, this Section, any person in interest may contest the legality of the bonds provided for or the ordinance of the board imposing the tax and pursuant to which the the tax, the proceeds of which are so pledged and dedicated, for any cause tax is being collected, and the obligation of the board to continue to levy, after which time no one shall have any cause or right of action to contest collect, and allocate the tax, and to apply the revenues derived therefrom in the legality, formality, or regularity of the proceedings, the tax, or bond accordance with the provisions of said the ordinance, shall be irrevocable authorization, for any cause whatsoever. If the question of the validity until such bonds have been paid in full as to principal and interest, and of any proceedings, tax, or bond authorization provided for under the shall not be subject to amendment in any manner which would impair the provisions of this Section is not raised within the thirty days, the authority rights of the holders from time to time of such bonds or which would in any to issue the bonds, the regularity thereof, the validity of the tax or portion way jeopardize the prompt payment of principal thereof or interest thereon. thereof pledged and dedicated to provide for the payment of principal and (9) All bonds issued hereunder shall be advertised for sale on sealed interest, and the enforceability of the pledge thereof, shall be conclusively bids, which advertisement shall be published at least once a week for three presumed, and no court may inquire into such matters. If any resolution is weeks, the first publication to be made at least twenty-one days preceding adopted or proceedings had more than thirty days after the publication of the date fixed for the reception of bids. Advertisement shall be in the official the resolution authorizing the issuance of bonds hereunder and pledging journal of the board and also in a financial paper published in the city of and dedicating any of the sales tax revenues, such supplemental resolution New York, the city of Chicago, or the city of New Orleans, or in a newspaper or proceedings shall be similarly published, and no contest, action, or of general circulation published in a city of this state having a population proceeding to question the validity or legality of such supplemental of not less than 50,000 inhabitants, according to the last Federal census. resolution or proceedings shall be begun in any court by any person for any The board may reject any and all bids. If the bonds are not sold pursuant cause whatsoever after the expiration of thirty days from the date on which to the advertisement they may be sold by the board at private sale, within such supplemental resolution or proceeding is published. sixty days after the date advertised for the reception of sealed bids, but no Section 2. This Act shall become effective upon signature by the governor private sale shall be made at a price less than the highest bid which shall or, if not signed by the governor, upon expiration of the time for bills to have been received. If not so sold, the bonds shall be re-advertised in the become law without signature by the governor, as provided by Article III, manner herein prescribed. Section 18 of the Constitution of Louisiana. If vetoed by the governor and (10) The proceeds derived from the sale of bonds issued hereunder shall subsequently approved by the legislature, this Act shall become effective on be used exclusively by the board for the purpose or purposes for which the the day following such approval.

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 74 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Approved by the Governor, June 12, 2017. selection of commissioners and alternate commissioners; to provide A true copy: relative to assistance of voters at polling places; to provide relative to the Tom Schedler duties of commissioners relative to such assistance; to provide relative to Secretary of State procedures and requirements for counting provisional ballots; to provide ------for the determination of whether a provisional ballot is to be counted; to provide for when provisional ballots are counted; to provide relative to the ACT No. 175 duties of the parish board of election supervisors relative to provisional - - - ballots; to provide for procedures for and duties of commissioners after SENATE BILL NO. 238 the termination of voting; to provide for the printing of results from voting BY SENATOR PERRY machines; to provide for the compilation and promulgation of election AN ACT returns; to provide for when promulgation occurs; to provide relative To enact R.S. 47:338.24.4, relative to municipal sales and use taxes; to to recall elections; to provide for the issuance of a proclamation by the authorize the governing authority for the town of Duson to levy and collect governor to order a recall election to be held; to provide for the deadline an additional sales and use tax; to require voter approval; to provide for for issuing a proclamation; to provide for voting absentee by mail; to the use of the tax revenue; and to provide for related matters. provide relative to application to vote absentee by mail; to provide for the Notice of intention to introduce this Act has been published. ongoing validity of applications by certain applicants; to provide relative Be it enacted by the Legislature of Louisiana: to the counting of absentee by mail ballots; to provide for the counting of Section 1. R.S. 47:338.24.4 is hereby enacted to read as follows: damaged ballots; to provide for the duties of the parish custodian of voting §338.24.4. Town of Duson; authority to levy additional sales and use tax machines; to provide for the duties of qualifying officials; to provide for A. The governing authority of the town of Duson may levy and collect an information given to candidates at the time of qualifying; to provide for the additional sales and use tax not in excess of one percent within the corporate content of the application for voter registration; to provide procedures and limits of the municipality. requirements for voter registration at driver’s license facilities; to provide B. The tax authorized by this Section shall be in addition to all other taxes relative to spoiled and replacement ballots; to provide for the counting which the town of Duson is authorized to levy and, pursuant to Section 29(B) of of such ballots; to provide relative to consolidation of polling places; to Article VI of the Constitution of Louisiana, shall not be subject to the combined provide for the determination of the number of voting machines allocated rate limitation established in Section 29(A) of Article VI of the Constitution of to polling places and used in elections; to provide for the proper parties in Louisiana nor to the rate limitations established by R.S. 47:338.1 and 338.54, an action objecting to candidacy and an action contesting an election; and nor shall it be included in the rate limitation of any other political subdivision. to provide for related matters. The authority granted in this Section shall not limit any prior taxing authority Be it enacted by the Legislature of Louisiana: granted to the town of Duson or any other political subdivision by any other Section 1. R.S. 18:3(A)(3), 18(A)(introductory paragraph) and (8)(b), 25(B), provision of law, including any authority granted to any other political 59.4(E)(2)(c), 107(B), 196(C)(1) and (2), 402(G)(2), 424(C)(1), 425(C)(1), 425.1(A), subdivision to exceed any constitutional or statutory rate limitations. 427(B), 431(A)(4) and (B)(2), 434(A)(1), 469(D)(2), 564(B)(5)(b), 566.2(C) and (F) C. The sales and use tax shall be imposed by ordinance of the governing (3) through (9), 571(A)(5), 572(A)(1)(introductory paragraph) and (a)(i), 574(F), authority of the town of Duson and shall be levied upon the sale at retail, the 1286.1(A), 1300.7(A), 1307(C) and (G), 1313(F)(9) and (G)(11), 1363(B), (D), (G), use, lease, or rental, the consumption, and the storage for use or consumption and (H), 1373(A)(1), and 1402(C) are hereby amended and reenacted and R.S. of tangible personal property and on sales of services, all as defined in Chapter 18:107(F), 425(B)(3)(c), 566.2(F)(10), and 1354(B)(8) are hereby enacted to read 2-D of this Subtitle; however, the ordinance imposing the tax shall be adopted as follows: only after the proposed tax is approved by a majority of the qualified electors §3. Petitions submitted to registrars of voters voting on the proposition at an election held for that purpose and conducted in A. Notwithstanding any other provision of law to the contrary, every accordance with the Louisiana Election Code. petition submitted to a registrar of voters for certification shall contain the D. The sales and use tax authorized by this Section shall be collected at the following information: same time and in the same manner as set forth in Chapter 2-D of this Subtitle. * * * E. The proceeds of the tax authorized by this Section may be used to fund the (3) The signer’s ward/district/precinct ward, precinct, and date of birth. infrastructure and repairs of roads in the town of Duson, and permitted by the * * * election proposition authorizing the levy of the tax. §18. Secretary of state; powers and duties Section 2. This Act shall become effective upon signature by the governor A. The secretary of state shall administer the laws relating to custody of or, if not signed by the governor, upon expiration of the time for bills to voting machines and voter registration, and for the this purpose he shall: become law without signature by the governor, as provided by Article III, * * * Section 18 of the Constitution of Louisiana. If vetoed by the governor and (8) subsequently approved by the legislature, this Act shall become effective on * * * the day following such approval. (b) Develop activities, events, informational posters and pamphlets, and Approved by the Governor, June 12, 2017. public service announcements for the implementation of an annual voter A true copy: registration week and generally be responsible for implementation of such Tom Schedler week. It is the policy of the state of Louisiana to encourage full participation Secretary of State in voting by all citizens of this state. To this end, in odd-numbered years ------when the president of the United States proclaims a National Voter Registration Day, the official state voter registration week shall be the last ACT No. 176 full week in which the National Voter Registration Day occurs. In years - - - when the president of the United States does not proclaim a National Voter HOUSE BILL NO. 544 Registration Day, the official state voter registration week shall be two BY REPRESENTATIVE DANAHAY weeks prior to the close of registration records for the regular fall primary AN ACT election. In even-numbered years, the official state voter registration week To amend and reenact R.S. 18:3(A)(3), 18(A)(introductory paragraph) and shall be the second full week in May. (8)(b), 25(B), 59.4(E)(2)(c), 104, 107(B), 114(F)(2), 196(C)(1) and (2), 402(G) * * * (2), 424(C)(1), 425(C)(1), 425.1(A), 427(B), 431(A)(4) and (B)(2), 434(A)(1), §25. Annual reports 469(D)(2), 564(B)(5)(b), 566.2(C) and (F)(3) through (9), 571(A)(5), 572(A)(1) * * * (introductory paragraph) and (a)(i), 574(F), 1286.1(A), 1300.7(A), 1307(C) and B. The board shall annually report to the House and Governmental (G), 1310(D)(2), 1313(F)(9) and (G)(11), 1363(B), (D), (G), and (H), 1373(A)(1), Affairs Committee of the House of Representatives and the Senate and and 1402(C), to enact R.S. 18:107(F), 425(B)(3)(c), 566.2(F)(10), and 1354(B) Governmental Affairs Committee of the Senate its findings, observations, (8), and to repeal R.S. 18:176(D), 200, 431(A)(5), and 1313(F)(11), relative and recommendations concerning all aspects of elections in this state. The to the Louisiana Election Code; to revise the system of laws comprising report shall be submitted no later than January fifteenth thirty-first each the Louisiana Election Code; to provide relative to petitions submitted year and shall include but shall not be limited to the following subjects: to registrars of voters for certification; to provide relative to the annual election laws in general, registration procedures, election procedures, voter registration week; to provide for reporting by the State Board of election officials, voting machines, tabulation and transmission of election Election Supervisors; to provide relative to compensation, education, and returns, procedures used for casting and counting absentee by mail and training of registrars of voters, chief deputy registrars, and confidential early voting ballots, and any other aspect of elections the board deems assistants; to provide relative to political party affiliation; to provide for appropriate. transfer and cancellation of registration; to provide relative to the inactive * * * list of voters; to provide for voting by a person on the list; to provide for §59.4. The Louisiana Voter Registration Administrators’ Certification advanced election dates; to provide for the date of elections when the Program; requirements; compensation votes cast in a primary are void because of the death of a candidate; to * * * provide for the duties of commissioners; to provide for qualifications of E. commissioners; to prohibit certain persons from serving as commissioners * * * in certain elections; to provide for the powers and duties of watchers; to (2) provide for courses of instruction for commissioners; to provide for the * * * duties of clerks of court relative to such instruction; to provide for the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 75 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (c) A registrar of voters, chief deputy registrar, or confidential assistant * * * to a registrar of voters shall complete the requirements of Subsections D (c) If a proposition or question is on the ballot in a precinct, no member of the and E of this Section in order to receive the seven percent compensation governing authority that called the election on the proposition or question enhancement. If a registrar of voters, chief deputy registrar, or confidential and no member of the governing authority of a political subdivision that will assistant to a registrar of voters does not complete the certification program receive revenue from a tax or fee that is the subject of the proposition or as provided in Subsections D and E of this Section, his salary shall remain question shall be selected as a commissioner in that precinct. as provided in R.S. 18:55 or 59. If, after certification, a registrar of voters, * * * chief deputy registrar, or confidential assistant to a registrar of voters does C. Powers and duties. (1) The commissioners shall conduct primary and not receive certification renewal within each five-year three-year period, general elections at each polling place, shall enforce the election laws, and his salary shall revert back to the salary scale provided for in R.S. 18:55 shall maintain order at the polling place during the election and the counting or 59. Notwithstanding the provisions of R.S. 18:57, the failure to maintain and tabulation of votes printing of results from the voting machines. certification shall result in the loss of the compensation enhancement * * * provided for in this Section. §425.1. Consolidation of polling places; reduction of voting machines and * * * election officials §107. Party affiliation not required for registration; change in party A. Notwithstanding the provisions of R.S. 18:424 and 425 or any other affiliation provision of law to the contrary, in an election, including the election of * * * any public official, where more than one polling place is within the same B. An elector A registrant may change his party affiliation by making location, the parish board of election supervisors may consolidate polling application therefor in writing to the registrar. When he receives the places in that location for that election and may reduce the number of voting request, the registrar shall note the political party designated by the machines to be used in the election below the number fixed by R.S. 18:1363 registrant and the date of the change in the registrant’s information on the and, in such case, shall notify, in accordance with the time line provided in state voter registration computer system and, if the original application is R.S. 18:1363(H), the parish custodian of voting machines and the secretary of available in hard copy in the registrar’s office, on the original application state of the number of machines to be prepared and delivered for the polling form. places so consolidated. * * * * * * F. Notwithstanding the provisions of Subsections B and C of this Section, §427. Watchers a registrant shall not be designated as being affiliated with more than one * * * party at the same time. B. Powers and duties. A watcher shall be admitted within all parts of * * * the polling place during the election day and the counting and tabulation §196. Inactive list of voters; procedure for voting of votes, printing of results from the voting machines, and shall call any * * * infraction of the law to the attention of the commissioners. A watcher C.(1)(a) If a registrant whose name appears is on the inactive list of voters may keep notes on the conduct of the election, but he shall not take part has appeared appears at the polls and voted votes as provided under in the counting and tabulation of votes printing of results from the voting Paragraph B(1) (B)(1), (2), or (3) of this Section, the registrar shall transfer machines. A watcher shall not electioneer, engage in political discussions, the registrant’s name to the official list of voters and make any necessary or unnecessarily delay a voter at the polling place. A watcher shall be corrections in the registrant’s registration records. subject to the authority of the commissioners and shall not interfere with (b) If the registrant appeared appears at the polls and confirmed confirms the commissioners in the performance of their duties. that he has permanently moved outside of the to a different parish, the * * * registrar shall cancel transfer the registrant’s registration of such registrant §431. Commissioners; courses of instruction; certificates; reports; list of information to the registrar of the new parish of residence. certified persons furnished by parish board of election supervisors (c) If the registrant appears at the polls and confirms that he has A. permanently moved outside the state, the registrar shall cancel the * * * registrant’s registration. (4) From the reports received from the clerk, the parish board of election (2)(a) If a registrant whose name appears is on the inactive list of voters supervisors shall prepare a list containing the names, addresses, and has voted votes absentee by mail or during early voting, the registrar party affiliations of all persons registered to vote in each ward to whom shall transfer the registrant’s name to the official list of voters and make certificates of instruction have been issued during the term of office of the any necessary corrections in the registrant’s registration records if the clerk of court who issued the certificate. The clerks of court shall schedule a information on the address confirmation card, as required by R.S. 18:1309, general course of instruction for commissioners on some date following the or the residence address provided in an application to vote by mail so last date for qualifying for office, but at least five days prior to the date for indicates. selection of commissioners. (b) However, if If the registrant has confirmed confirms that he has B. permanently moved outside of the to a different parish, the registrar shall * * * cancel transfer the registrant’s registration of such registrant information (2) The clerk of court shall issue a certificate of instruction to each person to the registrar of the new parish of residence. who attends and satisfactorily completes the course of instruction provided (c) If the registrant confirms that he has permanently moved outside the for in this Subsection or maintain a list of such persons in the state voter state, the registrar shall cancel the registrant’s registration. registration computer system. * * * * * * §402. Dates of primary and general elections §434. Commissioners and alternate commissioners; selection; commission; * * * disqualification; replacement G. A. Time and place of selection. (1) The parish board of election super v isors * * * shall meet at 10:00 a.m. on the twenty-ninth day before a primary election (2)(a) If the date for the primary election is advanced in accordance with to select the commissioners and alternate commissioners for each precinct. the provisions of Paragraph (1) of this Subsection, the general election shall However, if the deadline for the close of the registration records provided be advanced the same number of weeks as the primary election. in R.S. 18:135(A)(1) is moved due to a legal holiday, the meeting to select (b) If the date for the general election is advanced in accordance with the commissioners and alternate commissioners for each precinct shall be provisions of Paragraph (1) of this Subsection, the primary election shall be moved to the day after the close of the registration records. The meeting advanced the same number of weeks as the general election. shall be open to the public. The board shall have previously posted a notice * * * on the front courthouse door designating the location within the courthouse §424. Commissioners-in-charge where the meeting is to be held. * * * * * * C. Powers and duties. (1) The commissioner-in-charge shall receive the §469. Reopening of qualifying period; effect sealed key envelope from the deputy parish custodian of voting machines at * * * lea st t hir t y minut es before t he polls open on election day. T he com mis sioner - D. in-charge shall administer the oath to the commissioners and preside over * * * the election, and the counting and tabulation of votes the printing of the (2) If all the votes cast in a primary election for a public office are void results from the voting machines, and the closing of the polling place. He because of the death of a candidate, the primary election for the office also shall deliver the keys to the voting machines, if applicable, the original shall be held on the date of the general election, and the general election of the machine certificates, the original of the signed list of commissioners, for the office shall be held on the fourth fifth Saturday after the primary results cartridges, and one of the original tabulation blank and compiled election. However, if the primary election is held on the date scheduled for statement forms official election results reports to the clerk of court. a congressional general election, the general election for the office shall be * * * held on the fifth Saturday after the primary election. §425. Commissioners * * * * * * §564. Assistance in voting on election day B. Qualifications and classifications. * * * * * * B. Persons prohibited from assisting voters. (3) * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 76 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (5) * * * * * * §574. Compilation and promulgation of returns (b) The commissioners shall write the voter’s name in the precinct register * * * and write the name of the person, including a commissioner, assisting the F. Computation of all time inter vals in this Section shall include Saturdays, voter behind the tab for Assistance to Voters. If the voter is not marked for Sundays, and other legal holidays. However, if the final day in a time interval assistance in voting in the precinct register the voter or the person, including falls on a Saturday, Sunday, or other legal holiday, then the next day which is a commissioner, assisting the voter shall check the box behind the tab for not a Saturday, Sunday, or legal holiday shall be deemed to be the final day Assistance to Voters indicating that the voter has a physical disability or is of the time interval. If one or more of the duties in this Section, required to unable to read. The person, including a commissioner, assisting the voter be performed on the fourth, fifth, or sixth, or twelfth day after an election shall sign his name behind the tab for Assistance to Voters. are delayed because of a Saturday, Sunday, or other legal holiday, the duties * * * which follow will be delayed a like amount of time. §566.2. Tabulation and counting of provisional ballots for federal office * * * * * * §1286.1. Authority to consolidate polling places; reduce reduction of C. Provisional ballots shall be counted on the third day following the number of voting machines and election officials election and prior to the compilation of returns pursuant to R.S. 18:574 at A. Notwithstanding any provision of R.S. 18:1286(A), when an election the office of the registrar of voters or at a public facility within the parish called under the provisions of this Chapter is not held at the same time as designated by the parish board of election supervisors. For a presidential or the election of any public official, in cases where more than one polling regularly scheduled congressional general election, the provisional ballots place is within the same location, the parish board of election supervisors may be counted on the third or fourth day, or both, following the election. may consolidate polling places in that location, for that election and may * * * reduce the number of voting machines to be used in the election below the F. The procedure for counting provisional ballots shall be as follows: number fixed by R.S. 18:1363 and, in such case, shall notify, in accordance * * * with the time line provided in R.S. 18:1363(H), the parish custodian of (3) The board shall confirm each of the following with the registrar: voting machines and the secretary of state of the number of machines to be (a) The provisional voter is a registered voter in the parish. prepared and delivered for the polling places so consolidated. (b) The provisional voter voted on the federal office or offices for which the * * * provisional voter was eligible to vote. §1300.7. Governor to order election; proclamation; publication (c) The provisional voter did not vote early, absentee by mail, or at his A. If the required number of qualified electors of the voting area sign precinct on election day. the petition for recall, the governor shall issue a proclamation ordering an (4) If the board has determined that a provisional ballot shall be counted, a election to be held for the purpose of voting on the question of the recall of member of the board shall write the provisional ballot number and the word the officer. The total number of registered voters in the voting area and the “counted” adjacent to the provisional voter’s name on the list of provisional total number of registered voters in the voting area signing the petition shall voters. A member of the board shall tear the flap from the envelope be calculated from the totals on the certificates of all of the registrars of containing the provisional ballot, attach the provisional voter’s registration voters received by the governor. The governor shall issue such proclamation documentation to the envelope flap, and leave the envelope sealed. within fifteen days after he receives the certified petitions from all of the (4) (5) If the board has determined that a provisional ballot shall not be registrars of voters in the voting area who have received petitions for counted, the members of the board shall leave the flap on the envelope certification. If the final day for the governor to issue the proclamation falls containing the provisional ballot, leave the envelope sealed, and shall write on a Saturday, Sunday, or legal holiday, then the next day which is not a the word “rejected”, together with the reason for rejecting the provisional Saturday, Sunday, or legal holiday shall be deemed to be the final day for ballot across the envelope containing the ballot. A member of the board issuing the proclamation. The proclamation shall order the election to be shall write the provisional ballot number and the word “rejected” adjacent held on the next available date specified in R.S. 18:402(F). If the election is to the provisional voter’s name, together with the reason for rejecting the to be held on a primary election date, the proclamation shall be issued on or provisional ballot, on the list of provisional voters. The rejected provisional before the last day for candidates to qualify in the election. If the election ballots shall be placed in the special provisional ballot envelope. No is not to be held on a primary election date, then the proclamation shall be rejected provisional ballot shall be counted. issued on or before the forty-sixth fifty-fourth day prior to the election. (5) (6) After the validity of all provisional ballots has been determined, * * * the members of the board shall place the original signed list of provisional §1307. Application by mail voters, the flaps removed from the valid provisional ballots and the attached * * * registration documentation in the envelope provided for that purpose, C. If the applicant is a member of the United States Service or resides and seal the envelope. Two of the members of the board shall execute the outside the United States, he may use the federal postcard application or an certificate on the envelope and transmit the envelope to the registrar of application electronically transmitted by the registrar or secretary of state, voters. and the application shall be received by the registrar no later than 4:30 p.m. (6) (7) The members of the board shall open the envelopes containing the on the day before the election. Such application shall be valid for a period valid provisional ballots and remove the ballots. extending at least one year from the date the application is received in the (7) (8) The provisional votes cast for a candidate for federal office shall office of the registrar of voters through two subsequent; such period shall be counted by hand, and the total number of provisional votes cast for a include at least one regularly scheduled federal general elections election. candidate shall be announced in the order the offices and candidates are If the registrar rejects the application of an applicant who is a member of listed on the provisional ballot. The members of the board shall enter the the United States Service or resides outside the United States, the registrar total number of votes on the final provisional ballot vote report and certify shall provide the applicant with written reasons for the rejection. the results. * * * (8) (9) The original of the final provisional ballot vote report prepared by G. If the applicant is eligible to vote absentee by mail pursuant to the parish board of election supervisors shall be transmitted to the clerk of R.S. 18:1303(F), (I), or (J), his application, if such application meets the court upon completion of the tabulation of the provisional ballots. requirements of this Section, shall may r e m a i n v a l i d i n d e fi n i t e l y upon request (9) (10) A copy of the signed list of provisional voters and a copy of the of the applicant, unless an absentee by mail ballot that has been sent to the final provisional ballot vote report shall be transmitted immediately to the applicant is returned to the registrar as undeliverable. If the applicant’s secretary of state. absentee by mail ballot is returned to the registrar as undeliverable, the * * * registrar shall send notice by forwardable mail to such applicant that his §571. Counting and tabulating the votes Procedures for commissioners application will no longer be valid, and the applicant shall be required to after termination of voting submit a new application to the registrar that meets the requirements of this A. At the termination of voting in a primary or general election, the Section and provide a current address before the applicant will be eligible com mis sioner s sha ll a n nou nce t hat votin g is t er minat ed. T he com mis sioner s to vote absentee by mail again pursuant to this Section. in the presence of the watchers shall immediately: * * * * * * §1313. Tabulation and counting of absentee by mail and early voting ballots (5) Announce the results of the election in the order the offices, candidates, * * * and propositions are listed on the ballot, announce that the results of the F. The procedure for counting absentee by mail ballots shall be as follows: election will be posted at the polling place for public review, and post the * * * results of the election Post the printouts from the voting machines at a (9) If a ballot is physically damaged or cannot properly be counted by the conspicuous place at the polling place for public viewing. counting equipment and the vote cast by the voter is clearly discernible from * * * a physical inspection of the defective ballot, the ballot may be counted by §572. Transmission of election returns; voting machine keys; machine hand or a true duplicate may be made of the defective ballot in the presence certificates of witnesses and substituted for the ballot. The Any duplicate ballot shall be A.(1) Upon completion of the counting and tabulating of votes After the clearly labeled “duplicate”, bear a ballot number which shall be recorded results are printed from the voting machines, the commissioner-in-charge on the defective ballot, and be counted in lieu of the defective ballot. After shall immediately: a ballot has been duplicated, the defective ballot shall be placed in the (a) Mail to the secretary of state the following: special absentee by mail and early voting ballot envelope or container, and (i) One copy of the final result tally sheets printouts from the voting the duplicate ballot shall be counted with the other valid ballots. machines. * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 77 (House Bills) and underscored and boldfaced (Senate Bills) are additions. G. The procedure for counting early voting machine ballots and paper secretary of state, in his official capacity, shall be made a party defendant to ballots voted during early voting shall be as follows: any action contesting the certification of a recall petition. The secretary of * * * state shall have standing to intervene in an action objecting to candidacy in (11) If a ballot is physically damaged or cannot properly be counted by the which the secretary of state was not the qualifying official. counting equipment and the vote cast by the voter is clearly discernible from * * * a physical inspection of the defective ballot, the ballot may be counted by Section 2. R.S. 18:104 is hereby amended and reenacted to read as follows: hand or a true duplicate may be made of the defective ballot in the presence §104. Application for registration; form of witnesses and substituted for the ballot. The Any duplicate ballot shall be A. The secretary of state, subject to approval by the attorney general as clearly labeled “duplicate”, bear a ballot number which shall be recorded to content, shall prescribe the form that shall be used uniformly by each on the defective ballot, and be counted in lieu of the defective ballot. After registrar in the state and any person authorized to accept voter registration a ballot has been duplicated, the defective ballot shall be placed in the applications in registering qualified citizens to vote. The form shall contain special absentee by mail and early voting ballot envelope or container, and spaces for at least the following required information with respect to be the duplicate ballot shall be counted with the other valid ballots. provided by the applicant for the registrar of voters to assess eligibility: * * * (1) Date of application. §1354. Parish custodian of voting machines; powers and duties; appointment (2) Name. of deputy custodians (3) Sex and date Date of birth. * * * (4) Municipality, parish or county, state or province, and country of birth. B. In addition to any other duties vested in him by law, the parish custodian (5) Whether the applicant is currently under an order of imprisonment for shall: conviction of a felony. * * * (6) Whether the applicant is currently under a judgment of full interdiction (8) Transmit the election results to the secretary of state in the manner for mental incompetence, or a limited interdiction in which the right to directed by the secretary of state. register and vote has specifically been suspended. * * * (7) Place of residence, including street or apartment number or both, §1363. Number of machines; allocation to precincts; exception; reserve municipality (if any), and if a rural address, sufficient information, in machines addition to route and post box number, to identify the precinct of residence, * * * and mailing address. B. The parish board of election supervisors may reduce the number of (8) Name of state, parish, ward and precinct number, and the registration voting machines to be allocated and used in elections called under the number. provisions of Chapter 6-A or Chapter 6-B of this Code when the election is (9) Place of last residence. not held at the same time as the election of any public official. In such case, (10) The state and parish or county of last registration. the parish board of election supervisors shall notify the parish custodian of (11) Political party affiliation or, if none, an entry to that effect. voting machines and the secretary of state at least three four weeks prior to (12) Information sufficient for clear and precise identification of the such election, of the number of machines to be prepared and delivered for applicant as the person he claims to be and subsequently for his identification the polling places. at the polls. This information may include mother’s maiden name, father’s * * * middle name, name of spouse, occupation, and employer. D. The parish board of election supervisors may reduce the number of (13) Whether or not the applicant requires assistance when he votes, and if voting machines to be allocated and used in an election called under the so, the reason therefor. If the person is unable to read or write English, the provisions of Chapter 6, Part III of this Title, where the only other election form shall show in which language he is entitled to printed materials and on the ballot is for the election of political party committee members. Not ballots and assistance if his language is one of a minority language group less than twenty-one twenty-nine days prior to such an election, the parish under a determination made under the federal Voting Rights Act. board of election supervisors shall notify the parish custodian of voting (14) Space for changes of address within the parish, changes of name, machines and the secretary of state of the number of voting machines to be changes of party affiliation, dates of any of these, and remarks. prepared and delivered to each polling place. (15) The application form also shall inform the applicant of the penalty * * * for violation of applicable laws relating to registration of voters and shall G. The parish board of election supervisors may submit a written request contain an affidavit to be subscribed, through a handwritten signature, to the secretary of state, on or before the twenty-third day prior to an attesting that the applicant is a United States citizen and that the facts given election, for additional voting machines for overcrowded precincts. The by him on this application are true to the best of his knowledge and belief. written request shall be submitted on or before the twenty-ninth day prior When the registration application is completed at the office of motor vehicles to the election and shall include the number of additional voting machines of the Department of Public Safety and Corrections or electronically on the requested and an explanation of the need for additional voting machines. If secretary of state’s website, an electronically captured signature of the the secretary of state determines that there is a need for additional voting applicant shall suffice as a handwritten signature of the applicant. machines and that the provision of additional voting machines is feasible, he (16) (5) Louisiana driver’s license number or Louisiana special may allocate additional voting machines. identification card number, if issued, or if no Louisiana driver’s license or H. The parish board of election supervisors may submit a written Louisiana special identification card has been issued, the last four digits request to the secretary of state, on or before the twenty-third day prior to of the social security number, if issued. The full social security number an election, to reduce the number of voting machines to be allocated and of the applicant may be provided on a voluntary basis by the applicant. If used in an election other than an election provided for in Subsection B or the applicant has neither a Louisiana driver’s license, a Louisiana special D of this Section. The written request shall be submitted on or before the identification card, or a social security number, the applicant shall attach twenty-ninth day prior to a primary election and at least four weeks prior to one of the following items to his application: a general election and shall include the proposed reduced number of voting (a) A copy of a current and valid photo identification. machines and an explanation of the need for the reduction in the number (b) A copy of a current utility bill, bank statement, government check, of voting machines. If the secretary of state determines that the reduction paycheck, or other government document that shows the name and address in the number of voting machines is feasible, he may reduce the number of of the applicant. voting machines. (17) Ethnic origin, which shall at least include Hispanic, American Indian, * * * Asian, and other as choices. §1373. Notice of preparation of machines for election; preparation of B. The form shall also contain spaces for the following additional machines for election; testing and adjusting; examination by candidate or information to be provided by the applicant with the initial application his representative; securing and sealing machines or in response to a request for additional information by the registrar of A.(1) The secretary of state shall notify each parish custodian of the time voters for clear and sufficient identification of the applicant as the person he and place at which he will begin preparing and testing the voting machines claims to be and subsequently for his identification at the polls: for an election. The parish custodian then shall mail a notice to qualifying (1) Sex. official shall at the time of qualifying provide each candidate in the election, (2) Race or ethnic origin, which shall at least include Hispanic, American stating with a chronological table of procedures for the election that instructs Indian, Asian, and other as choices. the candidate to contact the parish custodian for the time and place at which (3) A single political party affiliation or, if none, an entry to that effect. the preparation and testing of the machines will be conducted, the time (4) Place of birth. and place and when the machines will be sealed, and stating states that the (5) Mother’s maiden name. candidate or his representative may be present to observe the preparation, (6) Electronic mail address. testing, and sealing of the machines by the parish custodian. (7) Telephone number. * * * (8) Whether the applicant requires assistance when he votes, and if so, §1402. Proper parties the reason therefor. If the person is unable to read or write English, the * * * form shall show in which language he is entitled to printed materials and C. The secretary of state, in his official capacity, shall be made a party ballots and assistance if his language is one of a minority language group as defendant to any action contesting an election for public office, an election determined pursuant to the federal Voting Rights Act. submitting a proposition to the voters, or an election for the recall of a (9) Last residence address. public officer. The secretary of state, in his official capacity, shall be made (10) Place of last registration. defendant to any action objecting to the calling of a special election. The (11) Former registered name, if applicable. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 78 (House Bills) and underscored and boldfaced (Senate Bills) are additions. C. The form shall inform the applicant of the penalty for violation of ACT No. 177 applicable laws relating to registration of voters and shall contain an - - - affidavit to be subscribed, through a handwritten signature, attesting that SENATE BILL NO. 212 the applicant is a United States citizen, is not currently under an order of BY SENATOR GARY SMITH imprisonment for conviction of a felony, is not currently under a judgment of Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of full interdiction for mental incompetence, or a limited interdiction in which Louisiana. the right to register to vote has specifically been suspended and that the AN ACT facts given by him on the application are true to the best of his knowledge To amend and reenact R.S. 40:2405(A)(3), relative to peace officers; to provide and belief. When the registration application is completed at the office regarding the authority to carry a concealed weapon by reserve or part- of motor vehicles of the Department of Public Safety and Corrections or time peace officers; and to provide for related matters. electronically on the secretary of state’s website, an electronically captured Be it enacted by the Legislature of Louisiana: signature of the applicant shall suffice as a handwritten signature of the Section 1. R.S. 40:2405(A)(3) is hereby amended and reenacted to read as applicant. follows: D. The form shall include the questions “Are you a citizen of the United §2405. Peace officer training requirements; reimbursement by peace States of America?” and “Will you be 18 years of age on or before election officer day?” and the statement “If you checked ‘no’ in response to either of these A. * * * questions, do not complete the form.”. (3) Notwithstanding any provision of law to the contrary and subject to E. In no event shall information with respect to race or ethnic origin the policy and procedures of the law enforcement agency with which he is be required for registration. However, such information may be given employed, no a reserve or part-time peace officer shall may be permitted to voluntarily by the applicant for registration and a registrar may keep carry a concealed weapon unless he is in the actual discharge of his official statistics with respect to race and ethnic origin. duties as a reserve or part-time peace officer or he possesses a concealed C. F. Upon request, the registrar shall furnish each applicant a copy of his handgun permit properly issued in his name pursuant to the provisions application form, and the applicant shall be informed that he may obtain of R.S. 40:1379.3, or he has been certified by the Council on Peace Officer such copy. Standards and Training under the same standards as full-time officers if D. G. The secretary of state may require such reasonable additional he has completed the Council on Peace Officer Standards and Training basic information as he deems necessary for the effective registration of voters. firearms course. E. H. No voter registration application form except that prescribed by the * * * secretary of state shall be used by any registrar. Approved by the Governor, June 12, 2017. F. I. The secretary of state may remove any spaces for information on A true copy: the form required by this Section if such requirement does not receive Tom Schedler preclearance pursuant to the Voting Rights Act of 1965. Secretary of State G. J. No voter registration application shall be complete unless the ------applicant provides one of the forms of identification provided for in Paragraph (16) of Subsection A (A)(5) of this Section. ACT No. 178 Section 3. R.S. 18:114(F)(2) is hereby amended and reenacted to read as - - - follows: SENATE BILL NO. 5 §114. Registration at driver’s license facilities BY SENATOR LUNEAU * * * AN ACT F. Procedures for voter registration pursuant to this Section shall be as To amend and reenact R.S. 33:3887.5, relative to Sewerage District No. 2 follows: of Rapides Parish; to authorize a per diem for members of the board of * * * supervisors; and to provide for related matters. (2) Any employee authorized to accept an application to obtain, renew, or Notice of intention to introduce this Act has been published. change the name or address on a driver’s license or identification card shall Be it enacted by the Legislature of Louisiana: offer voter registration to any person making such an application, shall Section 1. R.S. 33:3887.5 is hereby amended and reenacted to read as obtain written and signed confirmation of any declination of the offer of follows: voter registration, and, upon request, shall provide assistance to any person §3887.5. Rapides Parish Sewerage District Districts No. 1 and No. 2; who desires to register to vote. Such assistance may consist of answering supervising board; per diem any question that person might have about completing the registration form. Notwithstanding the provisions of R.S. 33:3887, 3887.1, or any other law to However, if the person requesting assistance has a physical disability or is the contrary, the parish governing authority of Rapides Parish may pay to unable to read or write English, the authorized employee shall provide such each member of the board of supervisors of Sewerage District Districts No. assistance as is allowed to be provided by registrars of voters under the 1 and No. 2 a per diem not to exceed one hundred fifty dollars for each day provisions of R.S. 18:106. of attendance at meetings of the board up to and including twenty-four days * * * in each year. The governing authority of Rapides Parish may also pay each Section 4. R.S. 18:1310(D)(2) is hereby amended and reenacted to read as member a per diem for attendance of up to and including twelve emergency follows: meetings of the board of supervisors called in any one calendar year. Per §1310. Execution of certificate; marking of ballot; casting vote; assistance diem provided by this Section shall be paid out of the designated funds in * * * the hands of the treasurer. D. Approved by the Governor, June 12, 2017. * * * A true copy: (2) Upon receiving the replacement ballot, the voter shall mark the ballot Tom Schedler and return it to the registrar as provided in this Section. The voter shall not Secretary of State return the spoiled ballot to the registrar, but shall destroy it. If the voter ------sends both the spoiled ballot and the replacement ballot to the registrar, and the board can determine which is the spoiled ballot and which is ACT No. 179 the replacement ballot, the board shall count the replacement ballot. If - - - the board cannot determine which is the spoiled ballot and which is the SENATE BILL NO. 34 replacement ballot, each of such ballots shall be void. BY SENATOR BOUDREAUX Section 5. R.S. 18:176(D), 200, 431(A)(5), and 1313(F)(11) are hereby repealed Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of in their entirety. Louisiana. Section 6. The Louisiana State Law Institute is hereby directed to AN ACT redesignate R.S. 18:221 as R.S. 18:66 and place it in its entirety within To amend and reenact R.S. 46:2626(I)(5), relative to emergency ground Chapter 3 of Title 18. ambulance service providers; to provide for a definition; to provide for an Section 7.(A) This Section and Sections 1, 5, and 6 of this Act shall effective date; and to provide for related matters. become effective upon signature of this Act by the governor or, if not Be it enacted by the Legislature of Louisiana: signed by the governor, upon expiration of the time for bills to become law Section 1. R.S. 46:2626(I)(5) is hereby amended and reenacted to read as without signature by the governor, as provided by Article III, Section 18 follows: of the Constitution of Louisiana. If this Act is vetoed by the governor and §2626. Fees on emergency ground ambulance service providers; disposition subsequently approved by the legislature, this Section and Sections 1, 5, and of fees 6 of this Act shall become effective on the day following such approval. * * * (B) Section 2 of this Act shall become effective January 1, 2018. I. For purposes of this Section, the following definitions apply: (C) Sections 3 and 4 of this Act shall become effective August 1, 2017. * * * Approved by the Governor, June 14, 2017. (5) “Emergency ground ambulance service provider” means a private, A true copy: for profit, nonpublic, nonfederal provider of emergency ground ambulance Tom Schedler service that is contracted with a unit of local or parish government Secretary of State of Louisiana for the provision of 911 emergency ground ambulance ------THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 79 (House Bills) and underscored and boldfaced (Senate Bills) are additions. transportation on a regular twenty-four hours per day and seven days per §82.1. Prostitution; persons under eighteen; additional offenses week basis services. * * * * * * D. * * * Section 2. This Act shall become effective upon signature by the governor * * * or, if not signed by the governor, upon expiration of the time for bills to (4)(a) In addition, the court shall order that the personal property used in become law without signature by the governor, as provided by Article III, the commission of the offense, or the proceeds of any such conduct, shall be Section 18 of the Constitution of Louisiana. If vetoed by the governor and seized and impounded, and after conviction, sold at public sale or public subsequently approved by the legislature, this Act shall become effective on auction by the district attorney, or otherwise distributed or disposed of, in the day following such approval. accordance with R.S. 15:539.1. Approved by the Governor, June 12, 2017. (b) The personal property made subject to seizure and sale pursuant to A true copy: Subparagraph (a) of this Paragraph may include, but shall not be limited to, Tom Schedler electronic communication devices, computers, computer related equipment, Secretary of State motor vehicles, photographic equipment used to record or create still or ------moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media, and currency, ACT No. 180 instruments, or securities. - - - E. It shall not be a defense to prosecution for a violation of this Section SENATE BILL NO. 41 that the person practicing prostitution who is believed to be under the age of BY SENATOR JOHNS eighteen is actually a law enforcement officer or peace officer acting within Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of the official scope of his duties. Louisiana. * * * AN ACT §83. Soliciting for prostitutes To amend and reenact R.S. 14:46.2(B)(4), 46.3(D)(3), 81.1(E)(5)(c) and (d), 82.1(D) * * * (4) and (E), 83(B)(4), 83.1(B)(4), 83.2(B)(4), 84(B)(4), 85(B)(4), 86(B)(2) and (3), B. * * * 104(B)(4), 105(B)(4), and 282(B)(4), and R.S. 15:539.1(A), (B)(1), (C), and (E) and * * * 539.2(B)(1), relative to sex offenses; to provide for forfeiture of currency by (4)(a) In addition, the court shall order that the personal property used in persons convicted of certain sex offenses; to provide for the disposition the commission of the offense, or the proceeds of any such conduct, shall be and distribution of forfeited currency; and to provide for related matters. seized and impounded, and after conviction, sold at public sale or public Be it enacted by the Legislature of Louisiana: auction by the district attorney, or otherwise distributed or disposed of, in Section 1. R.S. 14:46.2(B)(4), 46.3(D)(3), 81.1(E)(5)(c) and (d), 82.1(D)(4) and accordance with R.S. 15:539.1. (E), 83(B)(4), 83.1(B)(4), 83.2(B)(4), 84(B)(4), 85(B)(4), 86(B)(2) and (3), 104(B)(4), (b) The personal property made subject to seizure and sale pursuant to 105(B)(4), and 282(B)(4) are hereby amended and reenacted to read as follows: Subparagraph (a) of this Paragraph may include, but shall not be limited to, §46.2. Human trafficking electronic communication devices, computers, computer related equipment, * * * motor vehicles, photographic equipment used to record or create still or B. * * * moving visual images of the victim that are recorded on paper, film, video * * * tape, disc, or any other type of digital recording media, and currency, (4)(a) In addition, the court shall order that the personal property used in instruments, or securities. the commission of the offense, or the proceeds of any such conduct, shall be §83.1. Inciting prostitution seized and impounded, and after conviction, sold at public sale or public * * * auction by the district attorney, or otherwise distributed or disposed of, in B. * * * accordance with R.S. 15:539.1. * * * (b) The personal property made subject to seizure and sale pursuant to (4)(a) In addition, the court shall order that the personal property used in Subparagraph (a) of this Paragraph may include, but shall not be limited to, the commission of the offense, or the proceeds of any such conduct, shall be electronic communication devices, computers, computer related equipment, seized and impounded, and after conviction, sold at public sale or public motor vehicles, photographic equipment used to record or create still or auction by the district attorney, or otherwise distributed or disposed of, in moving visual images of the victim that are recorded on paper, film, video accordance with R.S. 15:539.1. tape, disc, or any other type of digital recording media, and currency, (b) The personal property made subject to seizure and sale pursuant to instruments, or securities. Subparagraph (a) of this Paragraph may include, but shall not be limited to, * * * electronic communication devices, computers, computer related equipment, §46.3. Trafficking of children for sexual purposes motor vehicles, photographic equipment used to record or create still or * * * moving visual images of the victim that are recorded on paper, film, video D. * * * tape, disc, or any other type of digital recording media, and currency, * * * instruments, or securities. (3)(a) In addition, the court shall order that the personal property used in §83.2. Promoting prostitution the commission of the offense, or the proceeds of any such conduct, shall be * * * seized and impounded, and after conviction, sold at public sale or public B. * * * auction by the district attorney, or otherwise distributed or disposed of, in * * * accordance with R.S. 15:539.1. (4)(a) In addition, the court shall order that the personal property used in (b) The personal property made subject to seizure and sale pursuant to the commission of the offense, or the proceeds of any such conduct, shall be Subparagraph (a) of this Paragraph may include, but shall not be limited to, seized and impounded, and after conviction, sold at public sale or public electronic communication devices, computers, computer related equipment, auction by the district attorney, or otherwise distributed or disposed of, in motor vehicles, photographic equipment used to record or create still or accordance with R.S. 15:539.1. moving visual images of the victim that are recorded on paper, film, video (b) The personal property made subject to seizure and sale pursuant to tape, disc, or any other type of digital recording media, and currency, Subparagraph (a) of this Paragraph may include, but shall not be limited to, instruments, or securities. electronic communication devices, computers, computer related equipment, * * * motor vehicles, photographic equipment used to record or create still or §81.1. Pornography involving juveniles moving visual images of the victim that are recorded on paper, film, video * * * tape, disc, or any other type of digital recording media, and currency, E. * * * instruments, or securities. * * * * * * (5) * * * §84. Pandering * * * * * * (c) In addition, the court shall order that the personal property used in B. * * * the commission of the offense, or the proceeds of any such conduct, shall be * * * seized and impounded, and after conviction, sold at public sale or public (4)(a) In addition, the court shall order that the personal property used in auction by the district attorney, or otherwise distributed or disposed of, in the commission of the offense, or the proceeds of any such conduct, shall be accordance with R.S. 15:539.1. seized and impounded, and after conviction, sold at public sale or public (d) The personal property made subject to seizure and sale pursuant auction by the district attorney, or otherwise distributed or disposed of, in to Subparagraph (a)(c) of this Paragraph may include, but shall not be accordance with R.S. 15:539.1. limited to, electronic communication devices, computers, computer related (b) The personal property made subject to seizure and sale pursuant to equipment, motor vehicles, photographic equipment used to record or create Subparagraph (a) of this Paragraph may include, but shall not be limited to, still or moving visual images of the victim that are recorded on paper, film, electronic communication devices, computers, computer related equipment, video tape, disc, or any other type of digital recording media, and currency, motor vehicles, photographic equipment used to record or create still or instruments, or securities. moving visual images of the victim that are recorded on paper, film, video * * * tape, disc, or any other type of digital recording media, and currency, instruments, or securities. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 80 (House Bills) and underscored and boldfaced (Senate Bills) are additions. §85. Letting premises for prostitution A. When personal property is forfeited under the provisions of R.S. 14:40.3 * * * (cyberstalking), R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking B. * * * of children for sexual purposes), R.S. 14:80 (felony carnal knowledge * * * of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (4)(a) In addition, the court shall order that the personal property used in (pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile the commission of the offense, or the proceeds of any such conduct, shall be or a person with a physical or mental disability), R.S. 14:81.3 (computer- seized and impounded, and after conviction, sold at public sale or public aided solicitation of a minor), R.S. 14:82.1 (prostitution; persons under auction by the district attorney, or otherwise distributed or disposed of, in eighteen; additional offenses), R.S. 14:83 (soliciting for prostitutes), R.S. accordance with R.S. 15:539.1. 14:83.1 (inciting prostitution), R.S. 14:83.2 (promoting prostitution), R.S. (b) The personal property made subject to seizure and sale pursuant to 14:84 (pandering), R.S. 14:85 (letting premises for prostitution), R.S. 14:86 Subparagraph (a) of this Paragraph may include, but shall not be limited to, (enticing persons into prostitution), R.S. 14:104 (keeping a disorderly place), electronic communication devices, computers, computer related equipment, R.S. 14:105 (letting a disorderly place), and R.S. 14:282 (operation of places motor vehicles, photographic equipment used to record or create still or of prostitution; prohibited; penalty), the district attorney shall authorize a moving visual images of the victim that are recorded on paper, film, video public sale or a public auction conducted by a licensed auctioneer, without tape, disc, or any other type of digital recording media, and currency, appraisal, of that which is not required by law to be destroyed and which is instruments, or securities. not harmful to the public. Any currency, instruments, or securities forfeited §86. Enticing persons into prostitution shall be distributed or disposed of as provided in this Section. * * * B.(1) The personal property shall be exempt from sale and the currency, B. * * * instruments, or securities shall be exempt from distribution or disposition * * * if it was stolen or if the possessor of the property was not the owner and (2) In addition, the court shall order that the personal property used in the owner did not know that the personal property was being used in the the commission of the offense, or the proceeds of any such conduct, shall be commission of the crime. If this exemption is applicable, the personal seized and impounded, and after conviction, sold at public sale or public property shall not be released until such time as all applicable fees related auction by the district attorney, or otherwise distributed or disposed of, in to its seizure and storage are paid. An Internet service provider shall not be accordance with R.S. 15:539.1. required to pay seizure or storage fees to secure the release of equipment (3) The personal property made subject to seizure and sale pursuant to leased to an offender. Subparagraph (a) of this Paragraph Paragraph (2) of this Subsection may * * * include, but shall not be limited to, electronic communication devices, C. In addition, the personal property shall be exempt from sale and the computers, computer related equipment, motor vehicles, photographic currency, instruments, or securities shall be exempt from distribution or equipment used to record or create still or moving visual images of the disposition if it is subject to a lien recorded prior to the date of the offense victim that are recorded on paper, film, video tape, disc, or any other type of and if the applicable fees related to the property’s seizure and storage are digital recording media, and currency, instruments, or securities. paid by a valid lien holder. * * * * * * §104. Keeping a disorderly place E. Notwithstanding Subsection D of this Section, when the currency, * * * instruments, securities, or other property is forfeited pursuant to the B. * * * provisions of R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking * * * of children for sexual purposes), R.S. 14:81.1 (pornography involving (4)(a) In addition, the court shall order that the personal property used in juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:82.1 the commission of the offense, or the proceeds of any such conduct, shall be (prostitution; persons under eighteen; additional offenses), R.S. 14:83 seized and impounded, and after conviction, sold at public sale or public (soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.2 auction by the district attorney, or otherwise distributed or disposed of, in (promoting prostitution), R.S. 14:84 (pandering), R.S. 14:85 (letting premises accordance with R.S. 15:539.1. for prostitution), R.S. 14:86 (enticing persons into prostitution), R.S. 14:104 (b) The personal property made subject to seizure and sale pursuant to (keeping a disorderly place), R.S. 14:105 (letting a disorderly place), and R.S. Subparagraph (a) of this Paragraph may include, but shall not be limited to, 14:282 (operation of places of prostitution), the currency, instruments, and electronic communication devices, computers, computer related equipment, securities and proceeds of the public sale or public auction shall be applied motor vehicles, photographic equipment used to record or create still or first to any restitution granted to the victim, after the costs of the public sale moving visual images of the victim that are recorded on paper, film, video or auction, court costs, and fees related to seizure and storage have been tape, disc, or any other type of digital recording media, and currency, satisfied. Any remainingcurrency, instruments, securities, or proceeds shall instruments, or securities. be distributed in the following manner: §105. Letting a disorderly place (1) Twenty-five percent to the seizing agency or agencies allocated among * * * the seizing agencies in proportion to their participation in the management B. * * * of the investigation, seizure, and forfeiture. * * * (2) Twenty-five percent to the prosecuting agency. (4)(a) In addition, the court shall order that the personal property used in (3) Fifty percent to the Exploited Children’s Special Fund pursuant to R.S. the commission of the offense, or the proceeds of any such conduct, shall be 15:539.2. seized and impounded, and after conviction, sold at public sale or public §539.2. Exploited Children’s Special Fund auction by the district attorney, or otherwise distributed or disposed of, in * * * accordance with R.S. 15:539.1. B.(1) There is established in the state treasury the Exploited Children’s (b) The personal property made subject to seizure and sale pursuant to Special Fund, hereinafter referred to as the “fund”. Appropriations by Subparagraph (a) of this Paragraph may include, but shall not be limited to, the legislature and all monetary assessments paid and interest accrued on electronic communication devices, computers, computer related equipment, funds collected pursuant to Subsection A of this Section shall be deposited motor vehicles, photographic equipment used to record or create still or into the Bond Security and Redemption Fund, and after a sufficient amount moving visual images of the victim that are recorded on paper, film, video is allocated from the Bond Security and Redemption Fund to pay all the tape, disc, or any other type of digital recording media, and currency, obligations secured by the full faith and credit of the state which become due instruments, or securities. and payable within any fiscal year, the treasurer shall pay the remainder of * * * such monies into the fund. The fund shall be subject to public audit. §282. Operation of places of prostitution prohibited; penalty * * * * * * Section 3. This Act shall become effective upon signature by the governor B. * * * or, if not signed by the governor, upon expiration of the time for bills to * * * become law without signature by the governor, as provided by Article III, (4)(a) In addition, the court shall order that the personal property used in Section 18 of the Constitution of Louisiana. If vetoed by the governor and the commission of the offense, or the proceeds of any such conduct, shall be subsequently approved by the legislature, this Act shall become effective on seized and impounded, and after conviction, sold at public sale or public the day following such approval. auction by the district attorney, or otherwise distributed or disposed of, in Approved by the Governor, June 12, 2017. accordance with R.S. 15:539.1. A true copy: (b) The personal property made subject to seizure and sale pursuant to Tom Schedler Subparagraph (a) of this Paragraph may include, but shall not be limited to, Secretary of State electronic communication devices, computers, computer related equipment, ------motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video ACT No. 181 tape, disc, or any other type of digital recording media, and currency, - - - instruments, or securities. SENATE BILL NO. 42 Section 2. R.S. 15:539.1(A), (B)(1), (C), and (E) and 539.2(B)(1) are hereby BY SENATORS JOHNS, ALARIO, ALLAIN, BARROW, BISHOP, amended and reenacted to read as follows: BOUDREAUX, CARTER, CORTEZ, DONAHUE, ERDEY, GATTI, HEWITT, §539.1. Forfeited property related to certain sex crimes; exempt property; LONG, LUNEAU, MILKOVICH, MILLS, MIZELL, MORRISH, PERRY, allocation of forfeited property THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 81 (House Bills) and underscored and boldfaced (Senate Bills) are additions. RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON AND (6) The deputy secretary of the office of juvenile justice of the Department of WALSWORTH Public Safety and Corrections or his designee. (On Recommendation of the Louisiana State Law Institute) (7) The secretary of the Department of Children and Family Services or his Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of designee. Louisiana. (8) The secretary of the Louisiana Department of Health or his designee. AN ACT (9) The secretary of the Department of Public Safety and Corrections or his To enact Part II of Chapter 28-B of Title 46 of the Louisiana Revised Statutes designee. of 1950, to be comprised of R.S. 46:2165 through 2168, relative to human (10) The superintendent of the Louisiana State Police or his designee. trafficking; to provide for the Louisiana Human Trafficking Prevention (11) The president of the Louisiana Association of Chiefs of Police or his Commission; to provide for the Louisiana Human Trafficking Prevention designee. Commission Advisory Board; to provide for duties; to provide for reporting; (12) The executive director of the Louisiana Sheriffs’ Association or his to provide for the composition of the commission and board; to provide designee. for meetings; to provide for an effective date; and to provide for related (13) The chief justice of the Louisiana Supreme Court or his designee. matters. (14) A representative of the Human Trafficking Prevention Commission Be it enacted by the Legislature of Louisiana: Advisory Board selected by its members. Section 1. Part II of Chapter 28-B of Title 46 of the Louisiana Revised (15) The executive director of the Louisiana Commission on Law Enforcement Statutes of 1950, comprised of R.S. 46:2165 through 2168, is hereby enacted and Administration of Criminal Justice. to read as follows: (16) The state public defender or his designee. §2165. Louisiana Human Trafficking Prevention Commission (17) The executive director of the Louisiana District Attorneys Association or A. The Louisiana Human Trafficking Prevention Commission is hereby his designee. created within the office of the governor. B. At the first meeting, the members of the commission shall elect from their B. The commission shall do the following: membership a chairman and a secretary and such other offices as the commission (1) Assist state and local leaders in developing and coordinating human may deem advisable. The president of the Senate or his designee shall preside trafficking prevention programs. over the commission until a chairman is elected by the commission. (2) Conduct a continuing comprehensive review of all existing public and C. Each member of the commission shall serve for a term concurrent with private human trafficking programs to identify gaps in prevention and that of the governor. intervention services. D.(1) Each member shall be entitled to designate a single individual to serve (3) Increase coordination among public and private programs to strengthen as his proxy for the duration of the member’s term on any occasion that the prevention and intervention services. member is unable to attend a meeting of the commission. The term of the (4) Make recommendations with respect to human trafficking prevention and designated proxy shall be the same as that of the member. A member appointing intervention. a designated proxy shall make his appointment known to the chairperson and (5) Develop a state needs assessment and a comprehensive and integrated to the secretary of the commission. service delivery approach that meets the needs of all human trafficking victims. (2) The proxy appointed by a member shall not be subject to the same (6) Establish a method to transition human trafficking service providers nominating and appointment procedures as is required for the member for toward evidence-based national best practices focusing on outreach and whom he is serving. prevention. (3) An individual shall not serve as proxy pursuant to the provisions of this (7) Develop a plan that ensures that Louisiana laws on human trafficking are Subsection for more than one member of the commission. properly implemented and provide training to law enforcement, the judiciary, E. Legislative members of the commission shall receive the same per diem and service providers. and reimbursement of travel expenses as is provided for legislative committees (8) Review the statutory response to human trafficking, analyze the impact under the rules of the respective houses in which they serve. Nonlegislative and effectiveness of strategies contained in Louisiana law, and make commission members shall serve without compensation or per diem. recommendations on legislation to further anti-trafficking efforts. §2167. Meetings (9) Develop mechanisms to promote public awareness of human trafficking, A. The commission shall hold public meetings quarterly except as otherwise including promotion of the national twenty-four-hour toll-free hotline telephone provided by vote of the commission or by order of the chairperson. The governor service on human trafficking. shall call the first meeting by August 1, 2017. (10) Promote training courses and other educational materials for use B. A simple majority of the commission membership shall constitute a by persons required to undergo training on the handling of, and response quorum for the transaction of business. procedures for, suspected human trafficking activities. C. The commission may establish subcommittees within the commission and (11) Develop a framework to collect and integrate data and measure program appoint members to those subcommittees, including persons outside of the outcomes. commission membership, as it deems necessary and appropriate to accomplish (12) Receive reports and recommendations from the Human Trafficking its goals. Prevention Commission Advisory Board. D. The office of the governor shall provide to the commission such clerical, (13) Do all other things reasonably necessary to accomplish the purposes for administrative, and technical assistance and support as may be necessary to which the commission is created. enable the commission to accomplish its goals. C. In order to carry out its purposes and functions, the commission may §2168. Human Trafficking Prevention Commission Advisory Board request data and assistance from state departments and agencies. When the A. The Human Trafficking Prevention Commission Advisory Board, commission requests a state department or agency to provide needed data or hereinafter referred to as “advisory board”, is hereby created. The purpose of assistance, the department or agency shall give priority to the request and shall the advisory board shall be to provide information and recommendations from provide the data or assistance as requested. The commission shall maintain the the perspective of advocacy groups, service providers, and victims. Primary confidentiality of any information or records provided to it by state departments responsibilities of the Human Trafficking Prevention Commission Advisory and agencies, as required by laws relative to such information and records. Board are the following: D. The commission shall annually issue a report of its findings and (1) To ensure information sharing between governmental and nongovernmental recommendations to the governor, the speaker of the House of Representatives, entities serving victims of human trafficking. and the president of the Senate. The commission shall issue its initial report (2) To make recommendations to the Human Trafficking Prevention on or before February 1, 2018, and shall issue annual reports no later than Commission as requested by the commission. the first day of February each year thereafter. The report may include any (3) To make recommendations to the Human Trafficking Prevention recommendations for legislation that the commission deems necessary and Commission as determined to be necessary by the advisory board. appropriate. Legislation may be recommended by the commission only upon (4) To make recommendations by August thirty-first of each year to the Human approval by a two-thirds vote of the commission members present. Trafficking Prevention Commission as to the budget priorities for the coming Comments - 2017 year. Part II of Chapter 28-B of Title 46 of the Revised Statutes is modeled (5) To make recommendations by November thirtieth of each year to the on Senate Concurrent Resolution No. 58 of the 2011 Regular Session and Human Trafficking Prevention Commission as to specific budget items to be Senate Concurrent Resolution No. 27 of the 2013 Regular Session. It is also supported in the Children’s Budget. modeled on laws from other states. See, e.g., New Jersey Commission on (6) To make an annual report by January thirty-first of each year to the Human Trafficking, N.J. Rev. Stat. §52:17 B-237; Washington state task force legislature, Senate Committee on Health and Welfare, the House Committee against the trafficking of persons, RCW 7.68.350, and Washington Statewide on Health and Welfare, Select Committee on Women and Children, and any coordinating committee on sex trafficking, RCW 43.280.091; Delaware other legislative committee requesting a copy of the annual report, which shall Human Trafficking Coordinating Council, 11 Del. C. §787(k); R.S. 46:2603. summarize the well-being of Louisiana’s children, the accomplishments of the §2166. Composition of the commission past year, and specific goals and priorities for the next fiscal year. A. The commission shall be composed of the following members: B. The advisory board shall be composed of the following members appointed (1) The president of the Louisiana Senate or his designee. by the governor: (2) The speaker of the Louisiana House of Representatives or his designee. (1) A public defender nominated by the Louisiana Public Defender Board or (3) The attorney general of the state of Louisiana or his designee. its designee. (4) The secretary of the Louisiana Workforce Commission or his designee. (2) A member nominated by the Louisiana District Attorneys Association. (5) The state superintendent of education or his designee. (3) A member nominated by the Louisiana Association of Juvenile and Family Court Judges. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 82 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (4) A member nominated by the Louisiana Chapter, American College of mechanism. “Residual market mechanism” means a FAIR Plan, wind pool, Emergency Physicians. beach plan, or any other plan or entity that offers coverages similar to those (5) A member nominated by the Louisiana Chapter, National Association of offered through the corporation. Social Workers. * * * (6) An individual with expertise in advocacy for adult victims of human Approved by the Governor, June 12, 2017. trafficking. A true copy: (7) The executive director of a residential program for victims of human Tom Schedler trafficking. Secretary of State (8) The executive director of a direct service program for victims of human ------trafficking. (9) An individual with expertise in advocacy for child victims of human ACT No. 183 trafficking, nominated by the executive director of the Children’s Cabinet or - - - his designee. SENATE BILL NO. 45 (10) At least two individuals who are adult survivors of human trafficking, BY SENATOR JOHN SMITH nominated by nonprofit organizations serving victims. Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of (11) A member nominated by Prevent Child Abuse Louisiana. Louisiana. (12) A member nominated by the Juvenile Justice and Delinquency Prevention AN ACT Advisory Board. To amend and reenact R.S. 22:2055(13) and to enact R.S. 22:46(19), relative (13) A member nominated by the Louisiana Families In Need of Services to the definition of ocean marine insurance; and to provide for related Association. matters. (14) A member nominated by LouisianaChildren.org. Be it enacted by the Legislature of Louisiana: (15) A member nominated by the Louisiana Association of Nonprofit Section 1. R.S. 22:46(19) is hereby enacted to read as follows: Organizations. §46. General Definitions (16) A member with experience related to exploitation, nominated by the In this Code, unless context otherwise requires, the following definitions Louisiana Council of Child and Adolescent Psychiatry or its designee. are applicable: (17) A member nominated by the Louisiana School Counselors Association. * * * (18) A member nominated by the Louisiana Association of Children and (19) “Ocean marine insurance” means marine insurance as defined in R.S. Family Agencies. 22:47(13), except for inland marine, as well as any other form of insurance, (19) A member nominated by Louisiana Children’s Advocacy Centers. regardless of the name, label, or marketing designation of the insurance policy, (20) A licensed psychologist with experience related to exploitation, nominated which insures against maritime perils or risks and other related perils or risks, by the Louisiana State Board of Examiners of Psychologists. which are usually insured against by traditional marine insurances such as hull (21) A member nominated by the Foundation Against Sexual Assault. and machinery, marine builders’ risks, and marine protection and indemnity. (22) A member nominated by the Louisiana Chapter of the American Academy Such perils and risks insured against include without limitation loss, damage, of Pediatrics or its designee. or expense or legal liability of the insured for loss, damage, or expense arising C. Each member shall serve for a term concurrent with that of the governor. out of or incident to ownership, operation, chartering, maintenance, use, repair, All members shall serve without compensation. or construction of any vessel, craft, or instrumentality in use in ocean or inland D. The advisory board shall be invited to all commission meetings and may waterways, including liability of the insured for personal injury, illness, or participate in its discussions but shall have no vote on any matter brought death or for loss of or damage to the property of the insured or another person, before the commission. except this definition shall not include insurance on vessels under five tons E. The advisory board shall elect as officers a chairperson, vice chairperson, gross weight. Ocean marine insurance as defined in this Section is subject to and secretary from its membership and shall meet as needed. The advisory R.S. 22:1269. board shall create its own bylaws. Unless the bylaws provide for a greater Section 2. R.S. 22:2055(13) is hereby amended and reenacted to read as quorum requirement, the presence in person or by proxy of one-third of the follows: members who have been appointed by the governor shall constitute a quorum §2055. Definitions at the meetings of the advisory board. As used in this Part: F. The advisory board may appoint from time to time, to serve at its pleasure, * * * additional members to serve on matters about which such additional members (13) “Ocean marine insurance” includes marine insurance as defined have expertise or experience. In the consideration of those matters for which in R.S. 22:47(13), except for inland marine, as well as any other form of an additional member is appointed, he shall have the same powers and duties insurance, regardless of the name, label, or marketing designation of the during the period of his service as are enjoyed by the membership provided by insurance policy, which insures against maritime perils or risks and other Subsection B of this Section. related perils or risks, which are usually insured against by traditional Section 2. This Act shall become effective upon signature by the governor marine insurances such as hull and machinery, marine builders’ risks, and or, if not signed by the governor, upon expiration of the time for bills to marine protection and indemnity. Such perils and risks insured against become law without signature by the governor, as provided by Article III, include without limitation loss, damage or expense or legal liability of Section 18 of the Constitution of Louisiana. If vetoed by the governor and the insured for loss, damage, or expense arising out of or incident to subsequently approved by the legislature, this Act shall become effective on ownership, operation, chartering, maintenance, use, repair or construction the day following such approval. of any vessel, craft or instrumentality in use in ocean or inland waterways, Approved by the Governor, June 12, 2017. including liability of the insured for personal injury, illness or death or for A true copy: loss of or damage to the property of the insured or another person, except Tom Schedler this definition shall not include insurance on vessels under five tons gross Secretary of State weight shall have the same meaning as that term is defined in R.S. 22:46(19). ------* * * Approved by the Governor, June 12, 2017. ACT No. 182 A true copy: - - - Tom Schedler SENATE BILL NO. 44 Secretary of State BY SENATOR JOHN SMITH ------Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ACT No. 184 AN ACT - - - To amend and reenact R.S. 22:2313(A), relative to producers’ authority to sell SENATE BILL NO. 64 insurance policies issued by the Louisiana Citizens Property Insurance BY SENATOR GATTI Corporation; to provide for reciprocity for producers in other states; and Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of to provide for related matters. Louisiana. Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 22:2313(A) is hereby amended and reenacted to read as To amend and reenact R.S. 3:2463(C) and (E) and to enact R.S. 3:2462(6) and follows: 2465(E), relative to animal shelter operating procedures; to authorize §2313. Producers; authority to bind coverage animal shelters to post pictures of animals on a social media account or A.(1) Every producer resident in this state, or a nonresident as provided in website; to require inspectors and shelter personnel to attend annual Paragraph (2) of this Subsection, and licensed to sell property and casualty training; to provide for definitions; and to provide for related matters. insurance may sell insurance policies that are issued by the Louisiana Be it enacted by the Legislature of Louisiana: Citizens Property Insurance Corporation through its FAIR and Coastal Section 1. R.S. 3:2463(C) and (E) are hereby amended and reenacted and Plans. R.S. 3:2462(6) and 2465(E) are hereby enacted to read as follows: (2) A nonresident producer may sell policies issued by Louisiana Citizens §2462. Definitions Property Insurance Corporation when the state of residence allows Louisiana As used in this Part, the following words shall have the following meanings resident producers to sell policies issued by that state’s residual market ascribed to them: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 83 (House Bills) and underscored and boldfaced (Senate Bills) are additions. * * * the Senate Committee on Natural Resources and the House Committee on (6) “Social media account” means an Internet-based service that allows Natural Resources and Environment. The rule or regulation shall be subject individuals to do the following: to legislative review in the same manner as provided in the Administrative (a) Construct a public or semi-public profile within a bounded system created Procedure Act, R.S. 49:968(D). by the service. B. Any person who violates a rule or regulation adopted as provided in this (b) Create a list of other users with whom they share a connection within the Section shall be guilty of a class 2 violation. system. C. The Louisiana Wildlife and Fisheries Commission shall not be held liable (c) View and navigate their list of connections and those made by others with regard to any implementation, promulgation, or enforcement of any rules within the system. or regulations of a game and fish commission adopted pursuant to Paragraph §2463. General shelter standards (A)(2) of this Section or R.S. 56:722(A)(2). * * * Approved by the Governor, June 12, 2017. C.(1) Shelters shall be inspected at least once every six months by an A true copy: authorized representative of the parish to determine compliance with the Tom Schedler requirements of this Part. Additional inspections shall be made promptly Secretary of State upon receipt of a bonafide complaint. ------(2) The parish shall notify the director of the animal control agency or shelter of the inspector’s name in writing. Each individual authorized to conduct ACT No. 186 shelter inspections for the parish shall annually attend training offered by an - - - organization that provides accredited continuing education courses regarding SENATE BILL NO. 109 shelter safety, animal welfare, and state compliance procedures, such as the BY SENATOR CLAITOR Louisiana Animal Control Association. The training requirement shall apply Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of only if an online training option is available. All training required by this Louisiana. Paragraph shall be approved by the state veterinarian. AN ACT * * * To enact Part V of Chapter 1 of Code Title XXIV of Code Book III of Title 9 E. Shelter personnel shall annually attend training offered by an of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:5826 organization that provides accredited continuing education courses regarding and 5827, relative to prescription; to provide relative to peremptive and shelter safety, animal welfare, and state compliance procedures, such as the prescriptive deadlines; to provide relative to legal deadlines; to provide Louisiana Animal Control Association and should be trained as to animal for applicability; and to provide for related matters. health, disease control, humane care and treatment, animal control and Be it enacted by the Legislature of Louisiana: transportation of animals. Shelter workers shall be fundamentally humane, Section 1. Part V of Chapter 1 of Code Title XXIV of Code Book III of Title 9 shall be able to identify and understand the principal animal diseases of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:5826 and 5827, and injuries, and should have good judgment and even temperament. The is hereby enacted to read as follows: training requirement shall apply only if an online training option is available. §5826. Purpose All training required by this Subsection shall be approved by the state In response to the widespread flooding and power outages that occurred in veterinarian. August of 2016, the governor of this state issued Executive Orders JBE 2016-53, * * * 57, and 66, which, among other things, purport to suspend or extend certain §2465. Operating procedures prescriptive periods and peremptive periods. The legislature finds that it is * * * necessary to provide for a clear termination of any suspension or extension of E. Any animal shelter that maintains a social media account or a website prescriptive periods and peremptive periods created by these executive orders may post pictures of every animal that enters the shelter upon intake and again in order to preserve a fair and consistent application of the laws of prescription prior to euthanasia of the animal. and peremption. Approved by the Governor, June 12, 2017. §5827. Suspension and extension of prescription and peremption; 2016 A true copy: flooding disaster Tom Schedler In accordance with Executive Orders JBE 2016-53, 57, and 66, all prescriptive Secretary of State periods, including liberative, acquisitive, and the prescription of nonuse, and all ------peremptive periods were suspended or extended for a period beginning August 12, 2016, and ending September 30, 2016. To the extent that any prescriptive ACT No. 185 period or peremptive period would have run on or before September 30, 2017, but - - - for the suspension or extension of the period pursuant to the Executive Orders SENATE BILL NO. 103 JBE 2016-53, 57, and 66, the prescriptive or peremptive period will be deemed to BY SENATOR RISER AND REPRESENTATIVE TERRY BROWN have run upon the earlier of: (1) the date calculated pursuant to Louisiana Civil Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Code Article 3472, or (2) September 30, 2017. The suspension and extension Louisiana. of prescriptive periods and peremptive periods contained in Executive Orders AN ACT JBE 2016-53, 57, and 66 shall not apply to any prescriptive period or peremptive To amend and reenact R.S. 56:722(A)(2) and 727, relative to game and fish period accruing on or after October 1, 2017. commissions; to provide for the adoption of rules and regulations; to Section 2. This Act shall become effective upon signature by the governor provide for limitation of liability; to provide for terms and conditions; and or, if not signed by the governor, upon expiration of the time for bills to to provide for related matters. become law without signature by the governor, as provided by Article III, Be it enacted by the Legislature of Louisiana: Section 18 of the Constitution of Louisiana. If vetoed by the governor and Section 1. R.S. 56:722(A)(2) and 727 are hereby amended and reenacted to subsequently approved by the legislature, this Act shall become effective on read as follows: the day following such approval. §722. Game and fish commission; rules and regulations Approved by the Governor, June 12, 2017. A.(1) * * * A true copy: (2) The commission may make rules and regulations for the government, Tom Schedler regulation, and control of the preserve and for the conservation, protection, Secretary of State and propagation of game and fish in the preserve, provided that such. In ------order to adopt such rules and regulations, the game and fish commission shall hold a public hearing conducted in accordance with the Open Meetings ACT No. 187 Law where public comment and testimony is received by the game and fish - - - commission. Prior to implementation, such rules and regulations shall be SENATE BILL NO. 116 finally approved, adopted, and promulgated by the Louisiana Wildlife and BY SENATORS MILLS AND BISHOP Fisheries Commission, in accordance with R.S. 56:727. Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of * * * Louisiana. §727. Approval of rules and regulations; promulgation; penalties AN ACT A. Rules and regulations proposed by any parish game and fish commission To enact Part III of Chapter 2 of Title 24 of the Louisiana Revised Statutes shall become effective only after being approved by the only after one of the of 1950, to be comprised of R.S. 24:111 through 114, relative to exercise following occurs: and healthier communities; to create the Work Out Now: WON Louisiana (1) The Louisiana Wildlife and Fisheries Commission, which has concurrent Legislative Commission; to provide for commission membership, jurisdiction and power over the parish preserve, approves and promulgates powers, duties, and functions; to provide for staff support and finances the rule or regulation. Such rules and regulations shall be promulgated and for the commission; to provide for cooperation with and support for the adopted in accordance with the Administrative Procedure Act. commission; to provide for an effective date; and to provide for related (2) If the Louisiana Wildlife and Fisheries Commission fails to take action matters. on the proposed rules and regulations within one hundred eighty days Be it enacted by the Legislature of Louisiana: after submission by the commission, the proposed rules shall be deemed Section 1. Part III of Chapter 2 of Title 24 of the Louisiana Revised Statutes to be adopted. The game and fish preserve commission shall publish the of 1950, comprised of R.S. 24:111 through 114, is hereby enacted to read as adopted rule or regulation in the Louisiana Register, shall submit a copy to follows: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 84 (House Bills) and underscored and boldfaced (Senate Bills) are additions. PART III. WORK OUT NOW: WON LOUISIANA B. Each agency and political subdivision shall furnish aid, services, and LEGISLATIVE COMMISSION assistance as requested by the commission. §111. Purpose and Findings §114. Termination of Part A. Louisiana has the highest adult obesity rate in the nation and the fourth Unless reauthorized by the legislature, the provisions of this Part shall expire highest obesity rate for children ages ten through seventeen. Obesity-related on July 1, 2020, and this Part is deemed repealed on that date. health issues plague our citizens, with Louisiana ranking fifth in the nation Section 2. This Act shall become effective upon signature by the governor for adults with diabetes and fourth in the nation for adults with hypertension. or, if not signed by the governor, upon expiration of the time for bills to The Louisiana Medicaid program alone spent more than ninety-eight million become law without signature by the governor, as provided by Article III, dollars in 2014 in total obesity-related payments for Medicaid-covered children Section 18 of the Constitution of Louisiana. If vetoed by the governor and and adults. In 2012, the Robert Wood Johnson Foundation estimated that a subsequently approved by the legislature, this Act shall become effective on cumulative five percent body mass index reduction in children and adults in the day following such approval. Louisiana could save the state nine billion dollars by 2030. Approved by the Governor, June 12, 2017. B. The issue of obesity in Louisiana has been studied tirelessly by countless A true copy: national and state entities and there is no shortage of plans, programs, Tom Schedler strategies, and initiatives by organizations at every level, and yet obesity Secretary of State rates in Louisiana continue to increase every year. Our children and adults ------develop obesity-related chronic diseases that impact every aspect of their lives, including decreased school performance, job absences, and lack of engagement ACT No. 188 in family and community, all of which decrease quality of life and come with a - - - significant financial impact to the state. SENATE BILL NO. 125 C. The legislature finds and declares that the greatest resource in tackling any BY SENATOR THOMPSON problem that impacts a community is the community itself. The obesity crisis Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of cannot be mandated away at the federal or state level. It must be a priority at the Louisiana. local level, and to that end our mayors are key to the success of any effort to first AN ACT slow and then reverse our obesity rates, thereby saving money and increasing To authorize and provide for the transfer of certain state property; to the quality of life for all of our citizens. Our mayors must be equipped with provide for the transfer of state property in Tensas Parish; to provide for the information needed to help their constituents lead healthier lives, which the property description; to provide for reservation of mineral rights; to will result in a more prosperous community and save the taxpayers millions of provide terms, conditions, and requirements; and to provide for related dollars related to treating preventable chronic diseases. matters. §112. Work Out Now: WON Louisiana Legislative Commission; established; Be it enacted by the Legislature of Louisiana: membership; duties Section 1. The president of Louisiana State University Agricultural and A. The Work Out Now: WON Louisiana Legislative Commission is hereby Mechanical College and the commissioner of administration, notwithstanding established to work directly with local elected officials to bring the battle any other provision of law to the contrary, are hereby authorized and empowered against obesity to the local level. to convey, transfer, assign, lease, or deliver any interest, excluding mineral B. The chairman of the Senate Committee on Health and Welfare shall serve rights, the state may have to all or any portion of the following described parcel as the chairman of the commission, which shall be comprised of the following of property, including improvements, to the parish governing authority of members: Tensas Parish: (1) The chairman of the Senate Committee on Health and Welfare. A 150.23 acre tract of land situated in Section 7, Township 11 North, Range 12 (2) One member who serves on the Senate Committee on Local and Municipal East in Tensas Parish, Louisiana, being more particularly described as follows, Affairs, to be selected by the chairman. to-wit: (3) One member who serves on the Senate Committee on Education, to be Beginning at the Northwest corner of Section 7 of T 11 N - R 12 E, Tensas selected by the chairman. Parish, Louisiana, and thence run S 40° 25’ E 3,881.15 feet along the line (4) One member who serves on the House Committee on Health and Welfare, common to Sections 7 and 8 (Deed bearing is S 40° E) to the East right-of-way to be selected by the chairman. line of Louisiana State Highway No. 604 and being 30 feet from the centerline; (5) One member who serves on the House Committee on Municipal, Parochial thence turn and follow the east and south right-of way line of said highway and Cultural Affairs, to be selected by the chairman. as follows: N 51° 41’ E 107.13 feet to a point (Deed call is N 51° 38’ E 103.7 feet); (6) One member who serves on the House Committee on Education, to be N 59° 09’ E 355.4 feet to the P. C. of a curve; thence run around the inside of a selected by the chairman. curve to the right with a radius of 53.26 feet an arc distance of 54.64 feet to the C. The duties of the commission shall be to engage an effort at the local level P. T. (the chord is N 88° 33’ E 52.28 feet); thence S 62° 04’ E 131.0 feet to an iron to: pipe that is 30 feet from the centerline of said highway; thence turn and run S (1) Address key gaps in current obesity prevention by understanding what 20° 28’ W 625.55 feet to an iron pipe in the line common to Sections 7 and 8 of works in multi-system approaches to obesity, and how these approaches can be T 11 N - R 12 E and being at the Southern corner of that certain 4.11 acre tract implemented through community-led change strategies. of land retained by the Estate of S. Z. Olds in the sale to Kenneth O. Doty, et (2) Align obesity prevention activities at the local level based on a local agenda. al., as shown by deed dated November 2, 1966; thence turn and run S 40° 25’ E (3) Engage community partners to disseminate and implement evidence- 4,875.35 feet along the line common to Sections 7 and 8 (Deed bearing is S 40° based obesity prevention strategies. E) to the top bank of the Mississippi River on February 4, 1976; thence turn and (4) Facilitate communication that unites Louisiana local elected officials run N 15° 58’ E 1,130 “ feet along the top bank of the Mississippi River to the line with their local schools, businesses, organizations, and community members to common to Sections 6 and 7; thence turn and run N 40° 25’ W 3,560 feet along demonstrate their collective commitment to fighting obesity. the line common to Sections 6 and 7 (Deed bearing is N 40° W) to the South (5) Bring awareness to resources that are already available to communities and/or West right-of-way line of Louisiana State Highway no. 604 and being 30 but underutilized, such as joint use agreements provided for in R.S. 9:2800.22. feet from the centerline; thence turn and run N 62° 04’ W along the South or (6) Facilitate information sharing and access to enable local elected officials West right-of-way line of said highway 621.52 feet to an iron pipe that is S 11° W to engage existing programs that promote physical activity. from the southwest corner of that certain tract of land sold to Willie A. Womack (7) Foster a healthy competition with similar-size communities throughout as shown by deed recorded in conveyance Book 9, page 724 of the Records of Louisiana. Tensas Parish, Louisiana; thence turn and run N 11° E across the Highway and (8) Partner with private entities who support, promote, or administer obesity 293.34 feet to an iron pipe at the northwest corner of the said Willie A. Womack prevention programs that focus on physical activity and seek funds or donated property and in the line common to Sections 6 and 7; thence turn and run N 40° prizes from those entities to reward community health effort winners. 25’ W 808.02 feet along the line common to Sections 6 and 7 (Deed bearing is N (9) Dedicate the second Monday of the legislative session during any regular 40° W) to an iron pipe at the intersection with the South line of Lot “A” of the session of the Louisiana Legislature as “WON Louisiana Day” at the state Chetwynda Plantation as shown by plat thereof recorded in Notarial Records capitol. Book :BB:, Page 475 of the Records of Tensas Parish, Louisiana; then turn and (10) Recognize local elected officials and their cities who are the most involved run S 64° W 456.06 feet along the South line of said Lot “A” to iron pipe at in getting their communities to be more physically active at an award ceremony the Southwest corner of said Lot “A”; thence turn and run N 41° W 2,970.0 feet at the Louisiana State Capitol. along the West line of lot “A” to the corner common to Lots “A” and “B” of said D. The commission may hold public hearings as part of carrying out its duties. Chetwynde Plantation; thence turn and run N 49° 15’ W along the West line of The chairman may call a hearing at a time and location deemed appropriate said Lot “B” 337.54 feet to the intersection with the line common to Sections 7 to best engage with the local elected officials. Notice shall be issued to all and 36 of T 11 N - R 12 E; thence turn and run S 64° W 430.89 feet along the line legislators representing an area of the state in which the commission shall common to Sections 7 and 36 to The Point of Beginning. The above described meet if the chairman calls a hearing in a location outside of the state capitol. No tract of land containing 150.23 Acres, more or less, and being shown by heavy legislator shall receive per diem or mileage reimbursement for attending any outline on the plat of survey made by Frank L. Messinger, Registered Surveyor, commission meeting held when the legislature is not in session or for attending a copy of which plat is attached hereto and made a part hereof, and paraphed any commission meeting held at a location other than the state capitol. “Ne Varietur” for identification with this act; and said tract herein conveyed §113. Staff support; agency cooperation and assistance being situated in Section 7 of T 11 N - R 12 E, Tensas Parish, Louisiana, and A. The staff of the Senate Committee on Health and Welfare shall provide being a portion of that certain property acquired by S. Z. Olds from Margaret support and assist the commission as requested by the chairman. Ashford by deed dated August 14, 1945, recorded August 20, 1945, in Notarial Records Book “KK”, Page 560 of the Records of Tensas Parish, Louisiana, and THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 85 (House Bills) and underscored and boldfaced (Senate Bills) are additions. being the same property acquired by Kenneth O. Doty, et als, from the S. Z. Olds, Section 1. R.S. 36:204(B)(6) is hereby amended and reenacted and R.S. Estate by deed dated November 2, 1966 and recorded in Conveyance Book 15, 36:204(B)(9) and (10) are hereby enacted to read as follows: Page 455, of the Records of Tensas Parish, Louisiana. §204. Powers and duties of secretary of culture, recreation and tourism Section 2. The president of Louisiana State University Agricultural and * * * Mechanical College and the commissioner of administration, are hereby B. The secretary shall have authority to: authorized to enter into such agreements, covenants, conditions, and * * * stipulations and to execute such documents as necessary to properly effectuate (6) Except as otherwise specifically provided in R.S. 56:1687(6), sell Sell, any conveyance, transfer, assignment, lease, or delivery of title, excluding lease, or sublease state park lands only after receiving approval for such mineral rights, to the property, including improvements, described in Section sale, lease, or sublease by the legislature of the state of Louisiana and only 1, and as more specifically described in any such agreements entered into and after publishing an advertisement in the official journal of the parish or documents executed by and between the president of Louisiana State University parishes in which such land is located setting forth a description of the Agricultural and Mechanical College, the commissioner of administration, and lands to be sold, leased, or subleased; the time when bids therefor will be the parish governing authority of Tensas Parish, in exchange of consideration received; and a short summary of the terms, conditions, and purpose of proportionate to at least the appraised value of the property. Funds from the sale said sale, lease, or sublease to be executed. The advertisement required of the property authorized by this Act shall be made available by the division of by this Section shall be published once a week for three different weeks administration to the Louisiana State University Agricultural Center for use in a newspaper in the locality, the first advertisement to appear at least by the Louisiana State University Agricultural Center’s Northeast Region for fifteen days before the opening of bids; however, when the advertisement is programs, capital improvements, and maintenance of existing facilities and published in a daily newspaper in the locality, the advertisement shall be infrastructure. published three times within ten days, the first advertisement to appear at Section 3. In the event that the agreement authorized by this Act is not entered least ten days before the opening of bids in accordance with the applicable into on or before December 31, 2019, the authorization to convey, transfer, provisions of the sale and lease laws of public lands of the state of Louisiana. assign, lease, or deliver any interest in that property pursuant to this Act shall * * * terminate and be null and void on that date and thereafter. (9) Grant leases, subleases, and concession leases and enter any related Section 4. This Act shall become effective upon signature by the governor contract or agreement, hereafter in this Paragraph collectively referred to as or, if not signed by the governor, upon expiration of the time for bills to a “lease”, on any portion of the immovable property under the department’s become law without signature by the governor, as provided by Article III, supervision, jurisdiction, or management except the Lower Pontalba Building Section 18 of the Constitution of Louisiana. If vetoed by the governor and to any of the following: subsequently approved by the legislature, this Act shall become effective on (a) A public body. The application, advertisement, and bid requirements set the day following such approval. forth in Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 Approved by the Governor, June 12, 2017. shall not apply to such a lease. A true copy: (b) A private entity. The provisions of Part I of Chapter 10 of Title 41 of the Tom Schedler Louisiana Revised Statutes of 1950 shall not apply to a mineral or timber lease Secretary of State with a private entity. If a private entity is obligated under the terms of a lease ------to undertake activities or to construct improvements on the leased immovable property that will support the public purposes of the department, the provisions ACT No. 189 of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 shall - - - not apply to the lease, but such a lease is subject to the following conditions: SENATE BILL NO. 132 (i) Such a lease shall be negotiated and let in accordance with fair and BY SENATOR WHITE reasonable criteria established and applied relating to a balance of factors Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of including but not limited to rent, highest return of revenue and benefits, Louisiana. financial stability of the lessee or sublessee, architectural design, development AN ACT and management of operational plan, uniqueness of operation, and stimulating To amend and reenact R.S. 56:1855(M)(2) and to enact R.S. 56:1855(O), relative other economic activity and public benefits within the state. to the Louisiana Scenic Rivers Act; to provide for certain natural and (ii) A lease entered into by a private lessee for the performance of work on the scenic rivers; to provide exceptions for certain uses on the Amite River, leased premises or the erection, construction, or maintenance of improvements West Pearl River, Tangipahoa River, Tchefuncte River, Bogue Falaya on the leased premises shall not constitute a contract for public work as defined River, Abita River, Comite River, and Bayou Manchac; to provide terms, in R.S. 38:2211(A). conditions, and procedures; and to provide for related matters. (iii) The architectural plans for such improvements shall be approved by the Be it enacted by the Legislature of Louisiana: secretary prior to construction on the leased or subleased property. Section 1. R.S. 56:1855(M)(2) is hereby amended and reenacted and R.S. (iv) Such leases shall be subject to R.S. 39:11 and R.S. 39:366.11. 56:1855(O) is hereby enacted to read as follows: (c) The provisions of this Paragraph shall not impair or diminish the priority §1855. Exceptions established for individuals who are blind, under the administration of the * * * Louisiana Rehabilitation Services, in the operation of vending stands, vending M.(1) * * * machines, cafeterias, or other food concessions. (2) Notwithstanding other provisions of R.S. 56:1853, clearing and snagging, (10) Terminate the lease, sublease, concession agreement, contract, or other and dredging operations for drainage purposes, in Bayou Manchac shall be privilege of any person who files a federal or state trademark or service mark permitted by the department. Any such permit shall be issued in accordance application for a trademark or service mark that incorporates or implies with the requirements and procedures provided for in R.S. 56:1849. an association with a holding of the department or its historical, cultural, * * * or recreational resources or who makes a legal claim or assertion to have a O. Notwithstanding other provisions of R.S. 56:1853, clearing and snagging, trademark or service mark. Any such person shall be disqualified from future and dredging operations conducted or contracted for by a political subdivision, concession agreements, leases, contracts, and privileges granted by the the state, or federal government for drainage purposes in the Amite River, department. Any such person shall be responsible for the state’s attorney fees, Tangipahoa River, West Pearl River, Tchefuncte River, Bogue Falaya River, costs, and expenses associated with that termination, opposition, cancellation, Abita River, and Comite River shall be permitted by the department in and disqualification. accordance with the requirements and procedures provided for in R.S. 56:1849. Section 2. R.S. 56:1687(6) and (9) are hereby amended and reenacted to Section 2. This Act shall become effective on June 30, 2018. read as follows: Approved by the Governor, June 12, 2017. §1687. Secretary, Department of Culture, Recreation and Tourism; powers A true copy: The secretary of the Department of Culture, Recreation and Tourism may: Tom Schedler * * * Secretary of State (6) Sell, lease, or sublease lands under the jurisdiction of the office of ------state parks when he believes it advantageous to the state to do so in the most orderly development and improvement of the office of state parks ACT No. 190 holdings but only after receiving approval for such sale, lease, or sublease - - - by the legislature of the state of Louisiana and only after publishing an SENATE BILL NO. 143 advertisement in the official journal of the parish or parishes in which BY SENATOR CHABERT AND REPRESENTATIVES STEVE CARTER, such land is located, setting forth a description of the lands to be sold, DAVIS, GISCLAIR AND STOKES leased, or subleased; the time when bids therefor will be received, and a Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of short summary of the terms, conditions, and purposes of said sale, lease, Louisiana. or sublease to be executed. The advertisement required by this Paragraph AN ACT shall be published once a week for three different weeks in a newspaper in To amend and reenact R.S. 36:204(B)(6) and R.S. 56:1687(6) and (9), and to the locality, the first advertisement to appear at least fifteen days before enact R.S. 36:204(B)(9) and (10), relative to the powers and duties of the the opening of bids; however, when the advertisement is published in a secretary of culture, recreation and tourism; to provide for the procedure daily newspaper in the locality, the advertisement shall be published three for the sale, lease, and sublease of state parks land; to provide for times within ten days before the opening of bids. However, leases of lands concession leases; and to provide for related matters. to a state agency or a political subdivision of the state shall not require the Be it enacted by the Legislature of Louisiana: advertisement provided in this Paragraph. Furthermore, the provisions of THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 86 (House Bills) and underscored and boldfaced (Senate Bills) are additions. this Paragraph shall not apply to mineral leases or to leases of lands for ACT No. 192 exploration or extraction of minerals in accordance with the sale and lease - - - laws of public lands of the state of Louisiana and the provisions of R.S. 36:204. HOUSE BILL NO. 13 * * * BY REPRESENTATIVE THIBAUT (9) Charge a fee and collect rents and other payments for the leasing of AN ACT concessions or granting of other privileges in or on an office of state parks To enact R.S. 25:215(B)(18), relative to the Pointe Coupee Parish Library; to holding. Additionally, the secretary may grant concession leases or lease transfer the administration of and accounting functions for funds of the rights for operating concessions on such holdings for an initial period not to library from the parish governing authority to the library board of control; exceed five years and an additional two-year period upon the option of the and to provide for related matters. secretary. Such leases shall otherwise be granted in accordance with the Notice of intention to introduce this Act has been published as provided by applicable requirements of the public bid law of the state, state procurement Article III, Section 13 of the Constitution of Louisiana. laws, and procedures of the Division of Administration, and other applicable Be it enacted by the Legislature of Louisiana: provisions of law that govern the granting of leases, concessions, or other Section 1. R.S. 25:215(B)(18) is hereby enacted to read as follows: privileges on such holdings, including R.S. 23:3023. §215. Duties and powers of the board; employment of librarian, assistants, * * * and other employees Section 3. This Act shall become effective upon signature by the governor * * * or, if not signed by the governor, upon expiration of the time for bills to B. become law without signature by the governor, as provided by Article III, * * * Section 18 of the Constitution of Louisiana. If vetoed by the governor and (18) The administration of and accounting functions for funds of the Pointe subsequently approved by the legislature, this Act shall become effective on Coupee Parish Library are hereby transferred from the Pointe Coupee the day following such approval. Parish governing authority to the Pointe Coupee Parish Library Board of Approved by the Governor, June 12, 2017. Control. A true copy: * * * Tom Schedler Approved by the Governor, June 14, 2017. Secretary of State A true copy: ------Tom Schedler Secretary of State ACT No. 191 ------SENATE BILL NO. 199 ACT No. 193 BY SENATORS ERDEY, THOMPSON AND WALSWORTH - - - Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of HOUSE BILL NO. 44 Louisiana. BY REPRESENTATIVES JENKINS, BACALA, BOUIE, CARMODY, AN ACT CARPENTER, GARY CARTER, GAROFALO, HALL, JIMMY HARRIS, To enact R.S. 33:4712.17, relative to property and buildings; to provide for HORTON, HUNTER, JEFFERSON, LYONS, MAGEE, MARCELLE, the sharing of public equipment; to provide for use of public equipment NORTON, RICHARD, SMITH, AND STEFANSKI among public entities; to provide for a definition; and to provide for related AN ACT matters. To amend and reenact Children’s Code Article 312(A) and (B), relative to Be it enacted by the Legislature of Louisiana: juvenile court jurisdiction over adults; to provide relative to juvenile Section 1. R.S. 33:4712.17 is hereby enacted to read as follows: court jurisdiction over adults in certain criminal proceedings; to provide §4712.17. Sharing of equipment between public entities relative to the exceptions to such jurisdiction; to provide for jurisdiction A.(1) Notwithstanding any other provisions of law to the contrary, public over adults in criminal proceedings involving certain offenses against entities may share equipment with another public entity without having children; and to provide for related matters. to expend funds for such use, provided that both entities have executed a Be it enacted by the Legislature of Louisiana: cooperative endeavor agreement for the use of the equipment. Section 1. Children’s Code Article 312(A) and (B) are hereby amended and (2) The cooperative endeavor agreement shall set forth in reasonable detail reenacted to read as follows: the obligations of the parties and shall: Art. 312. Juvenile jurisdiction over adults; criminal proceedings (a) Identify the equipment that will be shared. * * * (b) Explain the use of the equipment and the approximate length of time for A. Except as provided in Paragraph B of this Article, a A court exercising use of the equipment by the requesting public entity. juvenile jurisdiction shall have exclusive original jurisdiction, in conformity (c) Address the responsibility for repairing or replacing the equipment when with any special rules prescribed by law, to try an adult for the following the equipment becomes inoperable for its intended use due to a mechanical or offenses: other breakdown while in the possession of the requesting public entity. (1) The crime of contributing to the delinquency of children as authorized (d) Include a hold harmless provision releasing the lending public entity from by R.S. 14:92, except R.S. 14:92(A)(7). expenses, damages, or losses arising from the use of the equipment. (2) The crime of contributing to the delinquency or dependency of children (3) When an emergency situation is declared and public entities need to share as authorized by R.S. 14:92.1. equipment, the provisions of Paragraph (A)(1) of this Section are not required, (3) Any other misdemeanor enacted for the protection of the physical, provided the public entities share the equipment in good faith relative to the moral, or mental well-being of children. emergency situation. (4) (2) Criminal neglect of family. B. For the purposes of this Section, “public entities” means: (a) state boards, (5) (3) The crime of improper supervision of a minor by parent or legal agencies or commissions, parishes, municipalities, city parish, and other custodian as authorized by R.S. 14:92.2. local school boards and districts, levee boards and districts, port boards and B.(1) In East Baton Rouge Parish and Jefferson Parish, jurisdiction commissions, port, harbor, and terminal and industrial districts, drainage pursuant to Subparagraphs (A)(1) and (3) of this Article is vested in the and land reclamation districts, all special service districts including but not district court. Except as provided in Subparagraph (2) of this Paragraph, a limited to road, water, sewage, fire protection, recreation, hospital service, and district court shall have exclusive original jurisdiction, in conformity with gas utility districts; (b) all other political subdivisions, special authorities, any special rules prescribed by law, to try an adult for the following offenses: commissions, public trusts, and boards heretofore or hereafter created by or (a) The crime of contributing to the delinquency of children as authorized pursuant to the constitution or statutes of the state, any laws incorporated into by R.S. 14:92. or ratified or confirmed by the constitution, or general or special charters of (b) Any other misdemeanor enacted for the protection of the physical, any parish or municipality; and (c) all other units of local government created moral, or mental well-being of children. by or governed by the governing authorities of parishes or municipalities. (2) In Orleans Parish, jurisdiction pursuant to Subparagraphs (A)(1) C. The provisions of R.S. 33:2337 and 2338 shall supercede and control in the and (3) of this Article Subparagraph (1) of this Paragraph is vested in the event of conflict with the provisions of this Section. criminal district court for that parish or the Municipal and Traffic Court of Section 2. This Act shall become effective upon signature by the governor New Orleans. or, if not signed by the governor, upon expiration of the time for bills to * * * become law without signature by the governor, as provided by Article III, Approved by the Governor, June 14, 2017. Section 18 of the Constitution of Louisiana. If vetoed by the governor and A true copy: subsequently approved by the legislature, this Act shall become effective on Tom Schedler the day following such approval. Secretary of State Approved by the Governor, June 12, 2017. ------A true copy: Tom Schedler Secretary of State ------

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 87 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 194 to ensure that staff discretion is subject to supervision consistent with the - - - Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The board’s HOUSE BILL NO. 70 supervision shall include reviewing details regarding expert witness funds BY REPRESENTATIVE HORTON or other case-specific grants, including the confidential work product of AN ACT attorneys in litigation, compensation, and records supporting fees of experts To amend and reenact R.S. 33:2495.3(A) and to enact R.S. 33:2555.2, and others, and analysis of the efficiency and effectiveness of programs. The relative to the cities of Baton Rouge, Bossier City, and Lafayette and Fire attorney-client privilege and confidentiality that applies to counsel in cases Protection District No. 2 of Ward 4 of Calcasieu Parish; to provide relative shall apply to all board members and staff for the review of case details. to the classified fire service; to provide relative to persons selected for (18) Adopt reasonable procedures in compliance with the Louisiana Rules appointment to entry-level positions; to provide relative to the formal of Professional Conduct for the review and preservation of confidentiality training of such persons; and to provide for related matters. of privileged materials during and after litigation, including impressions of Notice of intention to introduce this Act has been published as provided by counsel, strategy of litigation, and results of expert work and opinion. Article III, Section 13 of the Constitution of Louisiana. (19) Adopt procedures necessary to protect strategic choices and Be it enacted by the Legislature of Louisiana: confidential work product of the board when the board considers important Section 1. R.S. 33:2495.3(A) is hereby amended and reenacted and R.S. matters of spending. However, the amounts and general purposes shall 33:2555.2 is hereby enacted to read as follows: remain public record of the board’s decisionmaking process. §2495.3. Recruit and recruit period; certain municipalities * * * A. Notwithstanding any other provision of law to the contrary, in Approved by the Governor, June 14, 2017. municipalities with a population of not less than two hundred thousand A true copy: persons and not more than two hundred forty thousand persons as of the Tom Schedler most recent federal decennial census the cities of Baton Rouge, Bossier City, Secretary of State and Lafayette no person selected for appointment to an entry-level position ------in the classified service from the competitive firefighter employment list who has not successfully completed formal training as required by Subsection B ACT No. 196 of this Section shall begin the working test period. However, such person - - - shall be employed by the appointing authority and reported as a recruit and HOUSE BILL NO. 110 shall immediately begin his formal training. BY REPRESENTATIVE BILLIOT * * * AN ACT §2555.2. Recruit and recruit period; Fire Protection District No. 2 of Ward To amend and reenact Code of Criminal Procedure Article 890.3, relative 4 of Calcasieu Parish to crimes of violence; to provide relative to sentencing for crimes of A. Notwithstanding any other provision of law to the contrary, in Fire violence; to provide relative to the procedure by which certain crimes are Protection District No. 2 of Ward 4 of Calcasieu Parish no person selected designated in the court minutes as crimes of violence; and to provide for for appointment to an entry-level position in the classified service from the related matters. competitive firefighter employment list who has not successfully completed Be it enacted by the Legislature of Louisiana: formal training as required by Subsection B of this Section shall begin Section 1. Code of Criminal Procedure Article 890.3 is hereby amended the working test period. However, such person shall be employed by the and reenacted to read as follows: appointing authority and reported as a recruit and shall immediately begin Art. 890.3. Sentencing for crimes of violence his formal training. A. Except as provided in Paragraph B C of this Article, when a defendant B. Formal training for a person selected for appointment to an entry-level is sentenced for any offense, or the attempt to commit any offense, defined position as a firefighter in the classified service shall mean the enrollment or enumerated as a crime of violence in R.S. 14:2(B), upon the district in and successful completion of a fire training academy provided for through attorney may make a written recommendation of the district attorney, the the appointing authority. All persons selected for appointment to an entry- court may designate in the minutes whether such offense is to the court level position as a firefighter in the classified service shall successfully that the offense should not be designated as a crime of violence only for the complete the fire training academy whether or not such person was certified following purposes: as a Firefighter I in accordance with National Fire Protection Association (1) To determine a The defendant’s eligibility for suspension or deferral of Standard 1001 prior to his selection for appointment. sentence pursuant to Article 893. C. The fire training academy provided for in Subsection B of this Section (2) To determine a The defendant’s eligibility for participation in a drug shall be for a duration as determined by the appointing authority. Upon division probation program pursuant to R.S. 13:5304. the successful completion of the fire training academy, the recruit shall B. In the absence of a written recommendation by the district attorney as immediately begin the working test period. provided in Paragraph A of this Article, the offense shall be designated as a D. The appointing authority shall, within fifteen days, advise the board crime of violence as a matter of law. that the recruit has successfully completed the fire training academy and B.C. The following crimes of violence enumerated in R.S. 14:2(B) shall has begun the working test period as a probational firefighter. always be designated by the court in the minutes as a crime of violence: E. Nothing in this Section shall be construed to require that a person (1) Solicitation for murder. selected for appointment to an entry-level position as a firefighter in the (2) First degree murder. classified service be terminated if he fails to enroll in or successfully (3) Second degree murder. complete the fire training academy as required by Subsection B of this (4) Manslaughter. Section. (5) Aggravated or first degree rape. Approved by the Governor, June 14, 2017. (6) Forcible or second degree rape. A true copy: (7) Simple or third degree rape. Tom Schedler (8) Sexual battery. Secretary of State (9) Second degree sexual battery. ------(10) Intentional exposure to AIDS virus. (11) Aggravated kidnapping. ACT No. 195 (12) Second degree kidnapping. - - - (13) Aggravated arson. HOUSE BILL NO. 82 (14) Armed robbery. BY REPRESENTATIVE MACK (15) Assault by drive-by shooting. AN ACT (16) Carjacking. To enact R.S. 15:147(B)(17) through (19), relative to the Louisiana (17) Terrorism. Public Defender Board; to provide relative to the powers, duties, and (18) Aggravated second degree battery. responsibilities of the board; to provide relative to the supervision of staff; (19) Aggravated assault with a firearm. to provide relative to the adoption of procedures necessary for the review (20) Armed robbery; use of firearm; additional penalty. and preservation of materials; to provide relative to the decisionmaking (21) Second degree robbery. process of the board; and to provide for related matters. (22) Disarming of a peace officer. Be it enacted by the Legislature of Louisiana: (23) Second degree cruelty to juveniles. Section 1. R.S. 15:147(B)(17) through (19) are hereby enacted to read as (24) Aggravated crime against nature. follows: (25) Trafficking of children for sexual purposes. §147. Powers, duties, responsibilities (26) Human trafficking. * * * (27) Home invasion. B. In addition to the powers and duties provided for in Subsection A of this Approved by the Governor, June 14, 2017. Section, the board shall: A true copy: * * * Tom Schedler (17) Supervise the activities of staff and apply reasonable controls for the Secretary of State supervision of spending, accounting, and discretionary grants. The board ------shall seek the assistance of the legislative auditor or an internal auditor THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 88 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 197 ACT No. 198 ------HOUSE BILL NO. 115 HOUSE BILL NO. 121 BY REPRESENTATIVE CROMER BY REPRESENTATIVE GREGORY MILLER (On Recommendation of the Louisiana State Law Institute) (On Recommendation of the Louisiana State Law Institute) AN ACT AN ACT To amend and reenact Civil Code Articles 2350, 2369.3, and 2375, relative to To amend and reenact Code of Civil Procedure Article 3396.18, relative to community property; to provide relative to a community enterprise; to provide the independent administration of estates; to provide for the sealing of the for the effect of a judgment of separation of property upon reconciliation; detailed descriptive list; to provide court authorization for the release of and to provide for related matters. relevant information to certain parties; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. Civil Code Articles 2350, 2369.3, and 2375 are hereby amended and Section 1. Code of Civil Procedure Article 3396.18 is hereby amended and reenacted to read as follows: reenacted to read as follows: Art. 2350. Alienation of movable assets of business. Art. 3396.18. Inventory or sworn descriptive list The spouse who is the sole manager of a community enterprise has the A. Before the succession can be closed and the independent administrator exclusive right to alienate, encumber, or lease its movables unless the discharged, there must be filed an inventory or sworn detailed descriptive movables are issued in the name of the other spouse or the concurrence of the list of assets and liabilities of the estate verified by the independent other spouse is required by law. administrator. A community enterprise is a business that is not a juridical person. B. A successor shall not be placed in possession of property without the Revision Comments - 2017 filing of an inventory or sworn descriptive list of assets and liabilities. The The definition of “community enterprise” provided herein is not new. It has successor may be placed in possession by a final or partial judgment of been relocated from Article 2369.3 to its more appropriate placement in this possession. The detailed descriptive list shall be sealed upon the request Ar ticle. See Lanza v. Lanza, 898 So. 2d 280 (La. 20 05). The change in terminolog y of an independent administrator, heir, or legatee. from “legal entity” to “juridical person” is intended to be consistent with C. If the detailed descriptive list is sealed, a copy shall be provided to the language used throughout the Civil Code and does not change the law. decedent’s universal successors and surviving spouse. Upon motion of any * * * successor, surviving spouse, or creditor of the estate, the court may furnish Art. 2369.3. Duty to preserve; standard of care relevant information contained in the detailed descriptive list regarding A spouse has a duty to preserve and to manage prudently former community assets and liabilities of the estate. property under his control, including a former community enterprise, in a Revision Comments - 2017 manner consistent with the mode of use of that property immediately prior (a) The 2017 revision changes the law insofar as it attempts to strike an to termination of the community regime. He is answerable for any damage appropriate balance between publicity regarding the assets and liabilities caused by his fault, default, or neglect. of a decedent and privacy of the decedent and his successors. A community enterprise is a business that is not a legal entity. ( b) Pa rag raph A maint ains t he pr ior law requir in g t he production a nd filin g Revision Comments - 2017 of the detailed descriptive list. Under Paragraph B of the revision, however, (a) The deletion of the reference to a community enterprise in the first the independent administrator or an heir or legatee of the decedent may paragraph does not change the law. That reference was both redundant and request that the detailed descriptive list be sealed and therefore shielded unnecessary. The duty to preserve applies to all community assets, regardless from general availability to the public. of their form. (c) Paragraph C recognizes that the privacy of the parties requesting (b) The 2017 revision moved the definition of a community enterprise to the sealing of the detailed descriptive list cannot prejudice the rights of Article 2350. those parties with a legitimate interest in the assets and liabilities of the * * * succession. Therefore, if sealed, copies of the detailed descriptive list Art. 2375. Effect of judgment must be provided to all of the decedent’s universal successors as well as A. Except as provided in Paragraph C of this Article, a judgment decreeing the surviving spouse. Even after the sealing of the detailed descriptive separation of property terminates the regime of community property list, these same parties may have a need for the information at a later time. retroactively to the day of the filing of the petition or motion therefor, without Other parties, such as particular legatees or creditors of the estate, may prejudice to rights validly acquired in the interim between filing of the petition also have a legitimate interest in relevant information regarding the assets or motion and rendition of judgment. and liabilities of the decedent. Consequently, upon appropriate motion B. If a judgment has been rendered on the ground that the spouses have of any successor, surviving spouse, or creditor of the estate, a court may lived separate and apart either after the filing of a petition for divorce without provide information that, in the court’s discretion, is relevant to the party’s having reconciled or for six months, in accordance with Article 2374(C) or (D), request. The appropriate information to be furnished to the requesting a reconciliation reestablishes the regime of community property between party is likely to differ depending upon the requesting party and the reason the spouses retroactively to the day of its termination the filing of the motion for the request. In some instances, it may be appropriate for the court to or petition therefor, unless prior to the reconciliation the spouses execute a furnish the entire detailed descriptive list to the requesting party, but matrimonial agreement to the contrary. This agreement need not be approved in other instances a redacted version or excerpted portion may be more by the court and is effective toward third persons when filed for registry in appropriate. the manner provided by Article 2332. The reestablishment of the community Approved by the Governor, June 14, 2017. is effective toward third persons when a notice thereof is filed for registry in A true copy: the same manner. Tom Schedler C. If a judgment is rendered on the ground that the spouses were living Secretary of State separate and apart without having reconciled for at least thirty days from the ------date of, or prior to, the filing of the petition for divorce, the judgment shall be effective retroactively to the date the petition for divorce was filed, without ACT No. 199 prejudice to rights validly acquired in the interim. All subsequent pleadings - - - or motions involving matters incidental to the divorce shall be filed in the first HOUSE BILL NO. 144 filed suit. BY REPRESENTATIVE ZERINGUE Revision Comments - 2017 AN ACT (a) The 2017 revision to this Article closed a gap that previously existed To amend and reenact R.S. 49:214.5.5, relative to integrated coastal when a judgment of separation of property was awarded on the ground that restoration projects; to provide relative to immovable property interests the spouses had lived separate and apart for 30 days before the filing of a that can be acquired by public entities for integrated coastal protection petition for divorce . Under those circumstances, the Article failed to provide purposes; to provide for a term of acquisition of certain immovable for a retroactive reestablishment of the community property regime. Further, property interests for integrated coastal protection; and to provide for the date to which a reconciliation retroactively reestablished the community related matters. property regime in the case of judgments of separation of property issued on Be it enacted by the Legislature of Louisiana: other grounds was also flawed. This revision clarifies the connection between Section 1. R.S. 49:214.5.5 is hereby amended and reenacted to read as reconciliation and the reestablishment of the community property regime in follows: the wake of a judgment of separation of property. §214.5.5. Private property and public rights (b) The 2017 revision deleted language referencing the effect of a reconciliation A. Recognizing that a substantial majority of the coastal lands in on matters incidental to the cause of action for divorce. Procedural matters, Louisiana are privately owned, it is anticipated that a significant portion including consolidation of suits and cumulation of actions, are governed by the of the integrated coastal protection projects funded through the Coastal Code of Civil Procedure. Protection and Restoration Fund either will occur on or in some manner Approved by the Governor, June 14, 2017. affect private property. A true copy: B. No rights whatsoever shall be created in the public, whether such Tom Schedler rights be in the nature of ownership, servitude, or use, with respect to Secretary of State any private lands or waters utilized, enhanced, created, or otherwise ------affected by activities of any governmental agency, local, state, or federal, or any person contracting with same for the performance of any activities, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 89 (House Bills) and underscored and boldfaced (Senate Bills) are additions. funded in whole or in part, by expenditures from the Coastal Protection Parish; thence following the common boundary of St. Landry and Lafayette and Restoration Fund or expenditures of federal funds. In the event legal Parishes in its southwesterly direction to its southwestern extremity; thence proceedings are instituted by any person seeking recognition of a right of on its northerly direction on said common boundary of St. Landry and ownership, servitude, or use in or over private property solely on the basis of Acadia Parishes to the junction of Highway 754 and the point of beginning. the expenditure of funds from the Coastal Protection and Restoration Fund, §232. Board of commissioners; appointment; terms; qualifications; removal the state shall indemnify and hold harmless the owner of such property for of members any cost, expense, or loss related to such proceeding, including court costs A. There is created a board of commissioners of the Armand J. Brinkhaus, and attorney fees. Sr., South St. Landry Community Library District, domiciled in the parish C. Notwithstanding any law or provision to the contrary, no full ownership seat, to be composed of seven members. The mayor of the municipality of interest in property shall be acquired for integrated coastal protection Sunset shall appoint one member who shall serve for one year. The mayor of through any method by the state of Louisiana, the Coastal Protection and the municipality of Grand Coteau shall appoint one member who shall serve Restoration Authority, a levee district, a levee authority, a sponsoring for one year. The mayor of the municipality of Cankton shall appoint one authority, a political subdivision, or any other state, local, or federal entity, member who shall serve for one year. The governing authority of St. Landry or their agents or employees, including but not limited to compensatory Parish Police Jury shall appoint one member to serve for one year, one for mitigation and ecosystem restoration purposes, unless such interest is two years, one for three years, and one for five years. Their successors shall voluntarily offered and agreed to in writing by owners with at least seventy- each be appointed as herein provided in this Subsection for five year terms, five percent ownership in the property or such entity seeking to acquire the each member to serve until his successor is commissioned and qualified. property proves by clear and convincing evidence in a court of competent * * * jurisdiction that a full ownership interest is the minimum interest necessary §234. Powers; duties to carry out the purposes of integrated coastal protection for the specific A. The Armand J. Brinkhaus, Sr., South St. Landry Community Library project for which it is acquired. District is hereby declared to be a body corporate and politic, governed by D. Access rights, rights of use, servitudes, easements, or other property the board of commissioners, with the power to sue and be sued, acquire, interests acquired for integrated coastal protection through any method by construct, maintain, extend, repair, and improve library equipment, the state of Louisiana, the Coastal Protection and Restoration Authority, fixtures, facilities, and services;. provided, however, that the The district a levee district, a levee authority, a sponsoring authority, a political shall operate entirely within the framework of the revenues to be derived as subdivision, or any other state, local, or federal entity, or their agents or provided herein by this Part, and the library shall not become a charge on employees, including but not limited to compensatory mitigation and the public funds of the state of Louisiana. ecosystem restoration purposes, shall be for a fixed term only and shall * * * not be acquired in perpetuity unless such acquisition in perpetuity is Approved by the Governor, June 14, 2017. voluntarily offered and agreed to in writing by owners with at least seventy- A true copy: five percent ownership in the property. Furthermore, no fixed term for Tom Schedler any access rights, rights of use, servitudes, easements, or other property Secretary of State interests acquired for integrated coastal protection shall exceed the life ------of the integrated coastal protection project for which it is acquired unless such term is voluntarily offered and agreed to in writing by owners with at ACT No. 201 least seventy-five percent ownership in the property. - - - E. The provisions of this Section shall not authorize acquisition of HOUSE BILL NO. 160 privately owned mineral interests and the reservation of mineral interests BY REPRESENTATIVE GREGORY MILLER shall be as provided in R.S. 31:149. Additionally, any interest in property AN ACT acquired under this Section shall not transfer to the acquiring entity any To amend and reenact R.S. 18:564(D)(1)(a)(introductory paragraph) and (2) claims, causes of action, or litigious rights existing prior to the date of the (b) and 1309.3(D)(1)(a)(introductory paragraph) and to enact R.S. 18:106(C) acquisition but shall not extinguish the rights of the owners of the property (2)(d), 564(D)(1)(a)(iv) and (2)(a)(iv), and 1309.3(D)(1)(a)(iv) and (v), relative to exercise such claims, causes of action, or litigious rights on the date of to voting; to provide relative to eligibility for certain persons to receive acquisition. assistance in voting on election day and during early voting; to provide Section 2. This Act shall become effective upon signature by the governor procedures and requirements for receiving assistance in voting; and to or, if not signed by the governor, upon expiration of the time for bills to provide for related matters. become law without signature by the governor, as provided by Article III, Be it enacted by the Legislature of Louisiana: Section 18 of the Constitution of Louisiana. If vetoed by the governor and Section 1. R.S. 18:564(D)(1)(a)(introductory paragraph) and (2)(b) and subsequently approved by the legislature, this Act shall become effective on 1309.3(D)(1)(a)(introductory paragraph) are hereby amended and reenacted the day following such approval. and R.S. 18:106(C)(2)(d), 564(D)(1)(a)(iv) and (2)(a)(iv), and 1309.3(D)(1)(a)(iv) Approved by the Governor, June 14, 2017. and (v) are enacted to read as follows: A true copy: §106. Physical disability; inability to write English; language minority Tom Schedler groups; execution of documents; assistance Secretary of State * * * ------C. * * * ACT No. 200 (2) For purposes of this Subsection proof of disability means one of the - - - following: HOUSE BILL NO. 150 * * * BY REPRESENTATIVE DUSTIN MILLER (d) A completed and signed voter registration application attesting that AN ACT the voter has a physical disability and requires assistance in voting. To amend and reenact R.S. 25:231, 232(A), and 234(A), relative to the South * * * St. Landry Community Library District; to provide relative to the name of §564. Assistance in voting on election day the district; and to provide for related matters. * * * Notice of intention to introduce this Act has been published as provided by D.(1)(a) Prior to receiving assistance under pursuant to this Section Article III, Section 13 of the Constitution of Louisiana. due to a disability, including visual impairment, the voter shall file with Be it enacted by the Legislature of Louisiana: the registrar in person or by mail a statement setting forth the necessity Section 1. R.S. 25:231, 232(A), and 234(A) are hereby amended and and reasons for this assistance and shall furnish the registrar one of the reenacted to read as follows: following: §231. Armand J. Brinkhaus, Sr., South St. Landry Community Library * * * District; creation; boundaries (iv) A completed and signed voter registration application attesting that The Armand J. Brinkhaus, Sr., South St. Landry Community Library the voter has a physical disability and requires assistance in voting. District is hereby created within the boundaries of St. Landry Parish * * * Police Jury Election District Eight, including the municipalities of Sunset, (2)(a) A voter shall also be entitled to assistance without having filed with Grand Coteau, and Cankton, and having the following specific boundaries: the registrar a statement setting forth the necessity and reasons for this Beginning on the Southwest Common Border of St. Landry and Acadia assistance if, on election day, the voter presents to the commissioner-in- Parishes at the junction of the parish boundary line and Highway 754; thence charge one of the following as proof of disability: east on Highway 754 and following said highway in its eastern movement to * * * the east section line of Section 25, T7S, R4E, and also a junction with Bayou (iv) A completed and signed voter assistance form provided by the Bourbeau; thence following flow of bayou in its northerly and northeastern secretary of state wherein the voter attests that he has a physical disability directions to Ward 1, Ward 2 boundary line; thence east on said ward line and requires assistance in voting. and following said ward line in an easterly direction to junction with Bayou (b) The commissioner-in-charge shall place any physician’s certificate, Bourbeau and thence following the Bayou Bourbeau and also the ward line statement setting forth the necessity and reasons for assistance, or copy of to a point in the southeast corner of Section 144, T7S, R4E, at which point the proof of disability, or completed and signed voter assistance form presented ward line changes direction to south-southwest, following said line south- southwest to its termination at the southern boundary line of St. Landry THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 90 (House Bills) and underscored and boldfaced (Senate Bills) are additions. by a voter in the envelope marked “Registrar of Voters” and attach the hundred thousand dollars to any one parish council. The office of elderly envelope to the precinct register. affairs shall include funds in their annual budget request for increases in * * * funding based on the number of elderly as estimated in the above census. §1309.3. Assistance in voting during early voting Notwithstanding the foregoing, such total annual appropriation shall be * * * for a minimum of two million seven hundred seventy-six thousand eight D.(1)(a) Prior to receiving assistance under pursuant to this Section hundred dollars. For Fiscal Year 2017-2018 and each year thereafter, there because of a disability, including visual impairment, the voter shall file with shall be a maximum allocation of one hundred thousand dollars to any one the registrar in person or by mail a statement setting forth the necessity parish council on aging pursuant to this Subsection unless additional funds and reasons for this assistance and shall furnish the registrar one of the are appropriated for that purpose. following: B.(1) Funds appropriated by the legislature pursuant to Subsection A of * * * this Section shall be distributed by the executive director of the office of (iv) A completed and signed voter registration application attesting that elderly affairs and shall be allocated to each parish council in an amount the voter has a physical disability and requires assistance in voting. equal to two dollars and fifty cents for each resident of the parish age sixty (v) A completed and signed voter assistance form provided by the years or older, as shown by the latest official estimate approved by the United secretary of state wherein the voter attests that he has a physical disability States Bureau of the Census, or thirty-seven thousand five hundred dollars, and requires assistance in voting. whichever is greater, but not to exceed one hundred thousand dollars for * * * any one parish council. The sums so allocated shall be distributed quarterly Section 2. This Act shall become effective January 1, 2018. during the first thirty days of each quarter of the fiscal year. In appropriating Approved by the Governor, June 14, 2017. funds pursuant to this Section, the legislature shall specifically provide for A true copy: the allocation of funds to the respective parish councils in accordance with Tom Schedler the provisions of this Section. Secretary of State * * * ------Section 2. This Act shall become effective on July 1, 2017; if vetoed by the governor and subsequently approved by the legislature, this Act shall ACT No. 202 become effective on July 1, 2017, or on the day following such approval by the - - - legislature, whichever is later. HOUSE BILL NO. 164 Approved by the Governor, June 14, 2017. BY REPRESENTATIVE BAGLEY A true copy: AN ACT Tom Schedler To enact R.S. 33:381(C)(34), relative to the town of Stonewall and DeSoto Secretary of State Parish; to provide for the abolition of the office of police chief and the police ------department in the town of Stonewall; to authorize the town to contract with other law enforcement entities in the parish for law enforcement services; ACT No. 204 and to provide for related matters. - - - Notice of intention to introduce this Act has been published as provided by HOUSE BILL NO. 178 Article III, Section 13 of the Constitution of Louisiana. BY REPRESENTATIVE SIMON Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 33:381(C)(34) is hereby enacted to read as follows: To amend and reenact R.S. 17:3141.2(introductory paragraph) and (5) §381. Municipal officers (introductory paragraph) and to enact R.S. 17:3141.2(5)(q), relative to * * * proprietary schools; to exclude certain educator preparation programs C. from the definition of proprietary school; to provide that such programs * * * are not subject to licensing by the Board of Regents; and to provide for (34)(a) Notwithstanding any other provision of law to the contrary, the related matters. board of aldermen of the town of Stonewall may, upon recommendation of Be it enacted by the Legislature of Louisiana: the mayor, abolish the office of chief of police of the town. No such action Section 1. R.S. 17:3141.2(introductory paragraph) and (5)( introductory by the board shall be effective until the end of the term of the police chief paragraph) are hereby amended and reenacted and R.S. 17:3141.2(5)(q) is in office at the time of that action or when a vacancy occurs in the office, hereby enacted to read as follows: whichever occurs first; however, if at the time of that action the office is filled §3141.2. Definitions by an officer temporarily appointed, the abolition of the office shall become The following words and phrases, when used in this Chapter, shall have the effective as provided by ordinance. meaning herein ascribed in this Section to them unless the context clearly (b) If the office of chief of police is abolished and the municipal police indicates a different meaning: department is abolished pursuant to R.S. 33:362(C), the mayor and board of * * * aldermen may contract with or enter into any cooperative endeavor with any (5) “Proprietary school”, hereinafter referred to as or “school”, means law enforcement entity or officer within DeSoto Parish for police services any business enterprise operated for a profit or on a nonprofit basis which for the town. maintains a place of business within this state, or which sells or offers * * * for sale any course of instruction in this state, either by correspondence Section 2. This Act shall become effective upon signature by the governor using the mails or by any other means of communication, or by personal or, if not signed by the governor, upon expiration of the time for bills to solicitation, and which offers or maintains a course or courses of instruction become law without signature by the governor, as provided by Article III, or study, or at which place of business such a course or courses of instruction Section 18 of the Constitution of Louisiana. If vetoed by the governor and or study is available through classroom or Internet internet instruction, or subsequently approved by the legislature, this Act shall become effective on both, to a person or persons for the purpose of training or preparing such the day following such approval. person for a field of endeavor in a business, trade, technical, or industrial Approved by the Governor, June 14, 2017. occupation, except as hereinafter excluded otherwise provided by law. The A true copy: definition of a proprietary school shall not include: Tom Schedler * * * Secretary of State (q) An educator preparation program that is approved by the State Board ------of Elementary and Secondary Education. * * * ACT No. 203 Approved by the Governor, June 14, 2017. - - - A true copy: HOUSE BILL NO. 176 Tom Schedler BY REPRESENTATIVE LYONS AND SENATOR CARTER Secretary of State AN ACT ------To amend and reenact R.S. 46:1606(A) and (B)(1), relative to the office of elderly affairs; to eliminate the cap on the amount any parish voluntary ACT No. 205 councils on aging may receive; and to provide for related matters. - - - Be it enacted by the Legislature of Louisiana: HOUSE BILL NO. 219 Section 1. R.S. 46:1606(A) and (B)(1) are hereby amended and reenacted to BY REPRESENTATIVE LEOPOLD read as follows: AN ACT §1606. Annual appropriation To amend and reenact Code of Criminal Procedure Article 331(A)(1) and A. The legislature shall appropriate to the office of elderly affairs, for (2) and to repeal Code of Criminal Procedure Article 331(A)(3), relative to distribution by the executive director of the office to the various voluntary bail; to provide relative to the discharge of bail obligations; to provide that parish councils on aging, funds sufficient to allocate to each parish council the bail undertaking ceases and the surety is relieved of bail obligations two dollars and fifty cents for each person sixty years or older who is a resident upon conviction in any case; and to provide for related matters. of the parish as shown by the latest official census estimate or thirty-seven Be it enacted by the Legislature of Louisiana: thousand five hundred dollars, whichever is greater, but not to exceed one THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 91 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Section 1. Code of Criminal Procedure Article 331(A)(1) and (2) are hereby shall send to the charter applicant, either by electronic means or hand amended and reenacted to read as follows: delivery, the final evaluation and recommendations, if any, of the third- Art. 331. Discharge of bail obligation party evaluator. Such information shall be sent no later than five business A.(1) Upon conviction and imposition of sentence or the pronouncement of days prior to the meeting at which the board will take action on the charter sentence or condition of probation pursuant to Article 894 in misdemeanor proposal. cases in any case, the bail undertaking shall cease and the surety shall be * * * relieved of all obligations under the bail undertaking. §3982. Local school boards; duties; Orleans Parish School Board; (2) Upon conviction in any felony case, the bail undertaking shall cease and immovable property; sale or lease the surety shall be relieved of all obligations under the bail undertaking. A.(1)(a)(i) Local school boards shall comply with R.S. 17:3983 and shall (3) In all cases, if necessary to assure the presence of the defendant at review and formally act upon each charter proposal received within all future stages of the proceedings, the court may in its discretion, in time lines established by the State Board of Elementary and Secondary accordance with Article 312 require the defendant to post another bail Education that are consistent with national best practices in charter school undertaking or other acceptable security, or may release the defendant on authorizing. Such time lines shall require, at a minimum, an annual charter bail without surety as provided for in Article 325. The court may continue application process in which local school boards are afforded at least ninety the existing bail undertaking with the written approval of the surety on the days to evaluate such applications. In conducting such review, the local bail undertaking. Such approval must be obtained from the surety after school board shall determine whether each proposed charter complies conviction. with the law and rules, whether the proposal is valid, complete, financially * * * well-structured, and educationally sound, whether it provides for a master Section 2. Code of Criminal Procedure Article 331(A)(3) is hereby repealed plan for improving behavior and discipline in accordance with R.S. 17:252, in its entirety. whether it provides a plan for collecting data in accordance with R.S. 17:3911, Approved by the Governor, June 14, 2017. and whether it offers potential for fulfilling the purposes of this Chapter. A true copy: The local board shall engage in a transparent application review process Tom Schedler that complies with the latest Principles and Standards for Quality Charter Secretary of State School Authorizing, as promulgated by the National Association of Charter ------School Authorizers, and shall provide for an independent evaluation of the charter proposal by a third party with educational, organizational, ACT No. 206 legal, and financial expertise. The local board shall send to the charter - - - applicant, either by electronic means or hand delivery, the final evaluation HOUSE BILL NO. 237 and recommendations, if any, of the third-party evaluator. Such information BY REPRESENTATIVES BARRAS, ABRAMSON, DAVIS, DEVILLIER, shall be sent no later than five business days prior to the meeting at which DWIGHT, JIMMY HARRIS, HORTON, HUVAL, JIM MORRIS, the local board will take action on the charter proposal. Each local board SCHEXNAYDER, SEABAUGH, AND STOKES shall use a common charter application developed by the state Department AN ACT of Education and approved by the state board, but may request additional To amend and reenact R.S. 51:1787(K), relative to the sunset of the Enterprise information from applicants as needed. Zone program; to extend the sunset date; to provide for effectiveness; and * * * to provide for related matters. Approved by the Governor, June 14, 2017. Be it enacted by the Legislature of Louisiana: A true copy: Section 1. R.S. 51:1787(K) is hereby amended and reenacted to read as Tom Schedler follows: Secretary of State §1787. Incentives ------* * * K. The department shall not accept any advance notification on or after ACT No. 208 July 1, 2017 July 1, 2021. - - - Section 2. This Act shall become effective upon signature by the governor HOUSE BILL NO. 260 or, if not signed by the governor, upon expiration of the time for bills to BY REPRESENTATIVE TERRY BROWN become law without signature by the governor, as provided by Article III, AN ACT Section 18 of the Constitution of Louisiana. If vetoed by the governor and To repeal Subpart B-6-A of Part IV of Chapter 1 of Title 33 of the Louisiana subsequently approved by the legislature, this Act shall become effective on Revised Statutes of 1950, comprised of R.S. 33:130.161 through 130.169, the day following such approval. relative to the Grant Parish Economic and Industrial Development District; Approved by the Governor, June 14, 2017. to repeal provisions relative to the creation, powers, and governance of the A true copy: district; to provide for an effective date; and to provide for related matters. Tom Schedler Notice of intention to introduce this Act has been published as provided by Secretary of State Article III, Section 13 of the Constitution of Louisiana. ------Be it enacted by the Legislature of Louisiana: Section 1. Subpart B-6-A of Part IV of Chapter 1 of Title 33 of the Louisiana ACT No. 207 Revised Statutes of 1950, comprised of R.S. 33:130.161 through 130.169, is - - - hereby repealed in its entirety. HOUSE BILL NO. 242 Section 2. This Act shall become effective upon signature by the governor BY REPRESENTATIVE EMERSON or, if not signed by the governor, upon expiration of the time for bills to AN ACT become law without signature by the governor, as provided by Article III, To amend and reenact R.S. 17:3981(4) and 3982(A)(1)(a)(i), relative to charter Section 18 of the Constitution of Louisiana. If vetoed by the governor and school proposals; to require the State Board of Elementary and Secondary subsequently approved by the legislature, this Act shall become effective on Education and local public school boards to deliver to charter applicants the day following such approval. certain information relative to third-party evaluations of charter Approved by the Governor, June 14, 2017. proposals; to provide requirements with regard to such delivery; and to A true copy: provide for related matters. Tom Schedler Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 17:3981(4) and 3982(A)(1)(a)(i) are hereby amended and ------reenacted to read as follows: §3981. State Board of Elementary and Secondary Education; powers and ACT No. 209 duties relative to charter schools - - - The State Board of Elementary and Secondary Education shall: HOUSE BILL NO. 264 * * * BY REPRESENTATIVE BISHOP (4) Review each proposed charter in a timely manner and determine AN ACT whether each proposed charter complies with the law and rules and whether To amend and reenact R.S. 47:305.11(A), relative to sales and use taxes the proposal is valid, complete, financially well-structured, educationally imposed by the state or a political subdivision; to provide with respect to sound, whether it provides for a master plan for improving behavior and exclusions from the tax; to provide for the types of construction contracts discipline in accordance with R.S. 17:252, whether it provides a plan for excluded from the imposition of a new sales and use tax levy; to provide for collecting data in accordance with R.S. 17:3911, and whether it offers effectiveness; and to provide for related matters. potential for fulfilling the purposes of this Chapter. The board shall engage Be it enacted by the Legislature of Louisiana: in an application review process that complies with the latest Principles Section 1. R.S. 47:305.11(A) is hereby amended and reenacted to read as and Standards for Quality Charter School Authorizing, as promulgated by follows: the National Association of Charter School Authorizers, and shall provide §305.11. Exclusions and exemptions; contracts prior to and within ninety for an independent evaluation of the charter proposal by a third party days of tax levy with educational, organizational, legal, and financial expertise. The board

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 92 (House Bills) and underscored and boldfaced (Senate Bills) are additions. A. No new or additional sales or use tax shall be applicable to sales of and fees owed to the state and collected by the Department of Revenue in materials or services involved in lump sum or , unit price, fixed fee, or accordance with R.S. 47:1678. guaranteed maximum price construction contracts entered into and Section 2. R.S. 47:150 8 (B)(41) and 1678 are hereby enacted to read as follows: reduced to writing prior to the effective date of the statute or ordinance §1508. Confidential character of tax records levying same or to sales or services involved in such contracts entered into * * * and reduced to writing within ninety days thereafter, if such contracts B. Nothing herein contained shall be construed to prevent: involve contractual obligations undertaken prior to such effective date and * * * were computed and bid on the basis of sales taxes at the rates effective and (41) Upon the request of the state chief procurement officer, for purposes of existing prior to such effective date. the requirements established under R.S. 47:1678, the secretary is authorized * * * to disclose to the central purchasing agency information concerning whether Section 2. The provisions of this Act shall be applicable for purposes of a prospective contractor for a contract with the state for the procurement of any additional state sales and use tax enacted on or after July 1, 2017. personal, professional, consulting, or social services or the purchasing of Section 3. This Act shall become effective upon signature by the governor food, supplies, or major repairs that requires the approval of the central or, if not signed by the governor, upon expiration of the time for bills to purchasing agency is current in the filing of all applicable tax returns and become law without signature by the governor, as provided by Article III, reports and in the payment of all taxes, interest, penalties, and fees owed Section 18 of the Constitution of Louisiana. If vetoed by the governor and to the state and collected by the Department of Revenue. The information subsequently approved by the legislature, this Act shall become effective on disclosed shall be used solely for the purpose of determining whether the the day following such approval. contract may be approved by the central purchasing agency. The secretary Approved by the Governor, June 14, 2017. shall not disclose any data from returns or reports provided by the Internal A true copy: Revenue Service. Any information so furnished shall be considered and Tom Schedler held as confidential and privileged by the central purchasing agency as is Secretary of State required under Subsection A of this Section. ------* * * §1678. Tax clearances; resale certificates; certain procurement contracts ACT No. 210 A. Notwithstanding any other provision of law to the contrary, no state - - - sales tax resale certificate shall be issued or renewed for any applicant HOUSE BILL NO. 277 unless the applicant is current in filing all tax returns and in payment of all BY REPRESENTATIVE JAMES taxes, interest, penalties, and fees owed to the state of Louisiana. AN ACT B. Notwithstanding any other provision of law to the contrary, no contract To enact R.S. 40:2404.2 and to repeal R.S. 40:2405.5, relative to peace that requires the review and approval of the central purchasing agency for officers; to provide for training of peace officers; to provide for minimum the procurement of personal, professional, consulting, or social services training requirements; to provide for annual training; to provide for or the purchasing of food, supplies, or major repairs shall be approved certain mandatory basic and annual certification hours for peace officers; unless the chief procurement officer for the central purchasing agency has to provide for an emergency effective date; and to provide for related received a tax clearance from the Department of Revenue indicating the matters. proposed contractor is current in filing all tax returns and in payment of Be it enacted by the Legislature of Louisiana: all taxes, interest, penalties, and fees owed to the state of Louisiana. The Section 1. R.S. 40:2404.2 is hereby enacted to read as follows: tax clearance required by this Section shall not be required for purposes §2404.2. Minimum training requirements; basic curriculum; annual of bidding on or solicitation of a procurement contract. For purposes of training this Section, the tax clearance shall be required for the approval of all A. In addition to all training requirements provided for in this Chapter, procurement contracts with this state for purposes including but not limited in order to be certified as a level one basic law enforcement peace officer, to the following: all persons shall successfully complete a minimum of four hundred hours of (1) Capital construction. core curriculum for basic peace officers as prescribed by the council. (2) Any product, good, service, or repair. B. All full-time, part-time, or reserve peace officers shall successfully (3) Supplies, services, or major repairs, including but not limited to high complete a minimum of twenty hours of in-service training requirements technology acquisitions or of complex services. prescribed by the council on an annual basis. All initial training (4) Consulting, professional, personal, and social services. requirements must be completed within the first calendar year after (5) Purchase or lease of property as authorized by law. receiving P.O.S.T. certification and annually thereafter. (6) Medical and laboratory supplies and medical equipment required for C. No later than January 1, 2018, the council shall develop and implement the purpose of diagnosis or direct treatment of a patient by a health care curriculum for de-escalation, bias policing recognition, sudden in-custody provider in a hospital or clinical setting, including procurement through a death, and crisis intervention training, which shall include training for law group purchasing organization. enforcement interaction with persons with mental illness and persons with C. An exception to the requirements of this Section for a procurement developmental disabilities, for peace officers that consists of classroom or enumerated in Subsection B of this Section is authorized in either of the internet instruction, or both. following circumstances: Section 2. R.S. 40:2405.5 is hereby repealed in its entirety. (1) The state chief procurement officer or his designee if the designee Section 3. This Act shall become effective upon signature by the governor is above the level of procurement officer may make or authorize others or, if not signed by the governor, upon expiration of the time for bills to to approve a contract for emergency procurements when there exists an become law without signature by the governor, as provided by Article III, imminent threat to the public health, welfare, safety, or public property Section 18 of the Constitution of Louisiana. If vetoed by the governor and under emergency conditions as defined in accordance with regulations. subsequently approved by the legislature, this Act shall become effective on (2) The state chief procurement officer or his designee if the designee is the day following such approval. above the level of procurement officer determines in writing that there is Approved by the Governor, June 14, 2017. only one source for the required product, service, or major repair item. A true copy: D. This Section shall not apply to any of the following: Tom Schedler (1) Contracts for construction, maintenance, or repair of highways and Secretary of State streets or to contracts financed in whole or in part by contributions or loans ------from any agency of the United States government. (2) A procurement contract of an institution of higher education or ACT No. 211 other agency of higher education if the state chief procurement officer has - - - delegated authority to procure the contracted services using private grant HOUSE BILL NO. 307 funds or federal funds that are available specifically for purposes of the BY REPRESENTATIVE LYONS contract. AN ACT E. The state chief procurement officer shall provide the secretary a list To enact R.S. 39:1624(A)(10) and R.S. 47:1508(B)(41) and 1678, relative to tax of the prospective contractors that require a tax clearance for approval clearances from the Department of Revenue; to require a tax clearance for of a procurement contract. Such list shall be submitted to the secretary the issuance or renewal of a sales tax resale certificate; to require a tax in the manner and form prescribed by the secretary. The secretary, upon clearance for approval of certain state contracts; to provide for exceptions; receipt, shall provide the state chief procurement officer with a signed tax to provide for an effective date; and to provide for related matters. clearance for each applicant indicating whether the proposed contractor Be it enacted by the Legislature of Louisiana: is current in filing all tax returns and in payment of all taxes, interest, Section 1. R.S. 39:1624(A)(10) is hereby enacted to read as follows: penalties, and fees owed to the state of Louisiana, excluding items under §1624. Approval of contract; penalties formal appeal pursuant to applicable statutes or being paid in compliance A. Before approving a proposed contract for professional, personal, with the terms of an installment agreement. Where an assessment against consulting, or social services, the state chief procurement officer or an a proposed contractor has become final and collectible by distraint and assistant shall have determined that: sale, such proposed contractor shall not be approved for a procurement * * * contract until such time as the proposed contractor has filed the applicable (10) The prospective contractor is current in the filing of all applicable tax returns, or resolved the assessment, or paid or made arrangements to tax returns and reports, and in payment of all taxes, interest, penalties, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 93 (House Bills) and underscored and boldfaced (Senate Bills) are additions. pay the delinquent tax liability and the secretary notifies the state chief B. A disabled veteran authorized to park for free at an airport pursuant procurement officer of the payment or arrangement to pay. to this Section shall be prohibited from parking for a period exceeding ten F. The secretary is authorized to promulgate rules and regulations in days. An air carrier airport may charge a disabled veteran the customary accordance with the Administrative Procedure Act as may be necessary to parking fee for each day he is parked at the airport that exceeds ten days. implement the provisions of this Section. C. Each individual air carrier airport may determine its own procedures Section 3. The provisions of this Act shall apply to any request for issuance for validating parking vouchers or reimbursing a parking fee as provided in or renewal of a resale certificate submitted to the Department of Revenue this Section. and to any approval or request for approval of a contract submitted to the Approved by the Governor, June 14, 2017. central purchasing agency on or after October 1, 2017. A true copy: Section 4. This Act shall become effective upon signature of the governor Tom Schedler or, if not signed by the governor, upon expiration of the time for bills to Secretary of State become law without signature by the governor, as provided in Article III, ------Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on ACT No. 214 the day following such approval. - - - Approved by the Governor, June 14, 2017. HOUSE BILL NO. 323 A true copy: BY REPRESENTATIVE FRANKLIN Tom Schedler AN ACT Secretary of State To amend and reenact R.S. 4:732(A) through (E)(introductory paragraph) ------and (G) and 739(A)(1) and (2)(e) and (F) and to enact R.S. 4:707(J), 732(H) and (I), and 739(A)(2)(f), relative to charitable gaming; to authorize the ACT No. 212 conducting of progressive mega jackpot bingo; to provide with respect to - - - jackpots for progressive bingo and progressive mega jackpot bingo games; HOUSE BILL NO. 315 to provide for exceptions to amount of prizes awarded during a bingo BY REPRESENTATIVE BISHOP session; to provide for applicability; to provide relative to the net profit AN ACT charitable organizations and distributors receive from progressive bingo To amend and reenact R.S. 26:341(A)(introductory paragraph) and 352, and progressive mega jackpot bingo games; to provide with respect to relative to the Alcoholic Beverage Control Law; to provide relative to Electronic Bingo Card Dabber Devices; to allow those devices to provide taxes on beverages of high and low alcoholic content; to provide relative for networking of charitable gaming organizations; to provide relative to to donations of beverages of high and low alcoholic content; to provide for the sales of progressive mega jackpot bingo; to provide for player tracking; the applicability of excise taxes on donated alcoholic beverages to certain to provide relative to regulatory authority; and to provide for related events or organizations; and to provide for related matters. matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. The of R.S. 26:341(A)(introductory paragraph) and 352 are Section 1. R.S. 4:732(A) through (E)(introductory paragraph) and (G) and hereby amended and reenacted to read as follows: 739(A)(1) and (2)(e) and (F) are hereby amended and reenacted and R.S. §341. Tax on beverages of high and low alcoholic content; importers of wine 4:707(J), 732(H) and (I), and 739(A)(2)(f) are hereby enacted to read as follows: A. The following excise or license taxes are levied on all beverages of high §707. Authorization to license certain organizations; exemption; alcoholic content handled in Louisiana: requirement for state license * * * * * * §352. Donated alcoholic beverages of high and low alcoholic content J. The governing authority of a municipality or parish may, by ordinance, taxable transfer regulatory authority over charitable gaming in that municipality or Any person or any dealer may donate alcoholic beverages of high and low parish to the office of charitable gaming. alcoholic content to a licensed Type A special event or to an unlicensed * * * civic, religious, or charitable organization subject to the payment of any §732. Progressive bingo applicable excise taxes. A. Notwithstanding any provision of law to the contrary, the governing Section 2. This Act shall become effective upon signature by the governor authority of any parish or municipality may permit any charitable licensed or, if not signed by the governor, upon expiration of the time for bills to organization to conduct progressive bingo or progressive mega jackpot bingo become law without signature by the governor, as provided by Article III, games. For the purpose of conducting a progressive bingo or progressive Section 18 of the Constitution of Louisiana. If vetoed by the governor and mega jackpot bingo game, such organizations shall: subsequently approved by the legislature, this Act shall become effective on (1) Establish electronic links or networks, electronic or otherwise, on the day following such approval. an Electronic Bingo Card Dabber Device and related system or otherwise, Approved by the Governor, June 14, 2017. between locations, commercial or noncommercial, where licensed charitable A true copy: bingo games are being conducted. Tom Schedler (2) Deposit For a progressive bingo game, deposit a predetermined Secretary of State amount of money not to exceed two hundred dollars per organization into a ------special account before each licensed call bingo gaming session. Every two- hundred-dollar contribution shall not constitute part of the total amount of ACT No. 213 prizes awarded during that session. - - - (3) For progressive mega jackpot bingo, contributions deposited before HOUSE BILL NO. 318 each gaming session shall not constitute part of the total amount of prizes BY REPRESENTATIVES BERTHELOT, AMEDEE, ANDERS, ARMES, awarded during that session. BACALA, BARRAS, BILLIOT, BROADWATER, CHAD BROWN, TERRY B.(1) The mega jackpot for a progressive bingo game played pursuant to BROWN, CARMODY, CARPENTER, GARY CARTER, STEVE CARTER, and in accordance with the provisions of this Section may exceed the limit CHANEY, CONNICK, COUSSAN, COX, CROMER, DAVIS, DEVILLIER, established in R.S. 4:714, but shall not exceed one hundred thousand dollars, EDMONDS, EMERSON, FOIL, FRANKLIN, GAROFALO, GISCLAIR, if the game is played on bingo paper, bingo cards, or by using an Electronic GLOVER, GUINN, HALL, JIMMY HARRIS, LANCE HARRIS, HAVARD, Bingo Card Dabber Device. HENRY, HILL, HOFFMANN, HORTON, HOWARD, HUNTER, JAMES, (2) The mega jackpot for a progressive mega jackpot bingo game played JEFFERSON, JENKINS, JOHNSON, JORDAN, LEBAS, LEGER, LYONS, pursuant to and in accordance with the provisions of this Section and MACK, MARCELLE, MARINO, JIM MORRIS, NORTON, PIERRE, POPE, networked or linked together pursuant to Subsection G of this Section may PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER, SCHRODER, SMITH, exceed the limit established in R.S. 4:714, but shall not exceed ten thousand STAGNI, STEFANSKI, THIBAUT, THOMAS, WHITE, AND ZERINGUE dollars. Portions of players’ contributions to progressive mega jackpot AND SENATOR BISHOP bingo games may be used for consolation prizes and to contribute to the AN ACT progressive mega prize pool and shall not be considered part of the limit To enact R.S. 29:27.1, relative to parking for disabled veterans; to provide established in R.S. 4:714(B). free parking for disabled veterans at airports; to establish identification C. Such game If required, such games shall be offered in accordance requirements; to provide for the duration of time the veteran may park for with rules and regulations adopted by the governing authority of each free; and to provide for related matters. municipality or the parish which issued a license to any respective Be it enacted by the Legislature of Louisiana: organization which participates in a progressive mega jackpot bingo game, Section 1. R.S. 29:27.1 is hereby enacted to read as follows: and in accordance with the rules and regulations adopted by the office in §27.1. Airport parking exemption for disabled veterans Subsection D of this Section. A. All air carrier airports shall provide free airport parking for a disabled D. The office shall adopt r ules and reg ulations gover ning prog ressive bingo veteran, his conveyance, and his passengers if the disabled veteran provides and progressive mega jackpot bingo games to insure ensure compliance proof of his disability in the form of a military honor license plate as with the provisions of this Chapter and any additional regulations of the provided for in R.S. 47:490.4 and 490.31 or a disabled veteran identification state relative to charitable gaming laws. card issued by the United States Department of Veterans Affairs.

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 94 (House Bills) and underscored and boldfaced (Senate Bills) are additions. E. Any licensed charitable organization or organizations playing at the (1) The Harvey Community Center. same location may conduct progressive blackout bingo games in accordance (2) The Marrero Community and Senior Center. with rules established and in effect on August 15, 1995, and as follows: (3) The Woodmere Community Center. * * * B.(1) The council shall allocate funding for services at a center designated G. Organizations may network or link together, including through the in Subsection A of this Section only if a nonprofit service provider that use of an Electronic Bingo Card Dabber Device to conduct progressive provides activities, programs, and services for residents age sixty and over mega jackpot bingo games, as provided in Paragraph (A)(1) of this Section, at the primary location of the center has entered into a contract, cooperative provided the local governing authority of each parish has authorized the endeavor agreement, memorandum of understanding, or other agreement conducting of such games in the parish. with Jefferson Parish. H. Eig ht y percent of the net win from the prog ressive bin go a nd prog ressive (2) The council shall provide for services to be provided at each center mega jackpot bingo games shall be paid to the charitable organization as designated in Subsection A of this Section until the value of the services defined in R.S. 4:703(1). Twenty percent of the net win from the progressive provided for and funded pursuant to this Section at the center reaches ten bingo and progressive mega jackpot bingo games shall be paid to the thousand dollars in a fiscal year. distributor as defined in R.S. 4:703(3). (3) The services provided pursuant to this Section shall be for residents I. Sales of progressive mega jackpot bingo on an Electronic Bingo Card age sixty or over exclusively, and may include, without limitation, any of the Dabber Device for any organization shall not exceed six games per hour and following: shall not exceed the gross sales of bingo and pull-tabs in a single reporting (a) A senior prescription program providing low-cost or free prescription quarter for any organization. The office may suspend the sales of progressive medications to seniors. mega jackpot bingo for any organization that violates the provisions of this (b) A senior health insurance information program. Subsection until the organization becomes compliant. (c) Aging and disability resources. * * * (d) The following special services for seniors: §739. Use of electronic bingo card dabber devices (i) Care management including, without limitation, personal care and A.(1) Electronic bingo card dabber devices, hereafter referred to as respite care services. electronic dabber devices, and defined in Paragraph (2) of this Subsection, (ii) Homemaker services. for the public playing of bingo, progressive bingo, or progressive mega (iii) Legal resources and services. jackpot bingo may be made available at any location licensed under the (iv) Educational services. provisions of this Chapter provided that all requirements of this Section (v) Nutrition services. and all requirements of this Chapter not in conflict with this Section (vi) Transportation services. are met. Electronic bingo dabber devices shall not be construed to be C. No monies allocated for services pursuant to the provisions of this electronic video bingo machines or electronic pull-tab devices. Electronic Section shall be used to displace, replace, or supplant any local or state bingo dabber devices shall not offer for play the games authorized by the funding for the operation of a center designated in Subsection A of this provisions of R.S. 4:724 or R.S. 4:733. Section. (2) “Electronic Bingo Card Dabber Device”, or “Electronic Dabber Device”, Approved by the Governor, June 14, 2017. or “EBCDD” means an electronic device used by a bingo player to monitor A true copy: bingo cards purchased and electronically mark bingo cards downloaded Tom Schedler into the device, at the time and place of the licensed charitable bingo Secretary of State session, and which: ------* * * (e) Will not accept coins, currency, or tokens to activate play. Nothing in ACT No. 216 this Paragraph shall prohibit the Electronic Bingo Card Dabber Device and - - - related systems from tracking a player’s accounts and credits. HOUSE BILL NO. 379 (f) Provide a means for all accounting functions related to bingo or BY REPRESENTATIVE BAGNERIS progressive or progressive mega bingo games. AN ACT * * * To enact R.S. 48:1660.1, relative to the Regional Transit Authority; to F. The office shall adopt any additional rules and regulations necessary authorize the use of public-private partnership contracts by the authority to govern the specifications, use, and operation of electronic dabber devices for certain projects; to provide for procedure; and to provide for related and their related systems, and shall establish a list of manufacturers, matters. distributors, and suppliers authorized to provide electronic dabber devices Be it enacted by the Legislature of Louisiana: or a list of acceptable models of the devices, acceptable serial numbers on Section 1. R.S. 48:1660.1 is hereby enacted to read as follows: such models, or manufacturers, distributors, or suppliers. §1660.1. Public-private partnership projects Approved by the Governor, June 14, 2017. A. Notwithstanding any law to the contrary or the requirements of this A true copy: Part, if the board of commissioners determines it is in the best interest of Tom Schedler the taxpayers, the Regional Transit Authority, with approval of the House Secretary of State and Senate transportation, highways, and public works committees, may ------solicit proposals for and enter into contracts for public-private partnership projects for a transportation facility as defined in R.S. 48:2073, provided the ACT No. 215 authority shall comply with the provisions of R.S. 48:2084 through 2084.15 - - - that are applicable to public-private partnership projects of the Louisiana HOUSE BILL NO. 377 Transportation Authority. However, R.S. 48:256.3 and 256.5 shall be BY REPRESENTATIVE LYONS applicable in the same manner as any other department projects. AN ACT B. The authority shall not receive an unsolicited proposal for a public- To enact R.S. 46:1608(G) and 1608.1, relative to the Jefferson Council on Aging; private partnership project. to provide for allocation of services funded with monies appropriated to Section 2. This Act shall become effective upon signature by the governor the council; to require the council to provide for and fund certain services or, if not signed by the governor, upon expiration of the time for bills to to be delivered at designated centers; to establish conditions for the become law without signature by the governor, as provided by Article III, allocation of such services; to authorize the provision of certain services Section 18 of the Constitution of Louisiana. If vetoed by the governor and for residents age sixty or over; to prohibit the displacement, replacement, subsequently approved by the legislature, this Act shall become effective on or supplanting of other monies with funding for such services; and to the day following such approval. provide for related matters. Approved by the Governor, June 14, 2017. Notice of intention to introduce this Act has been published as provided by A true copy: Article III, Section 13 of the Constitution of Louisiana. Tom Schedler Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 46:1608(G) and 1608.1 are hereby enacted to read as follows: ------§1608. Senior centers; appropriation; allocation of funds; Rapides Parish area agency parish-specific provisions ACT No. 217 * * * - - - G. The Jefferson Council on Aging shall allocate services in accordance HOUSE BILL NO. 382 with the provisions of R.S. 46:1608.1 among centers in the parish of Jefferson BY REPRESENTATIVE BERTHELOT at which activities and services for residents age sixty or over are provided. AN ACT §1608.1. Jefferson Council on Aging; allocation of services among certain To amend and reenact R.S. 39:1305(F), relative to budget adoption procedures local centers; conditions in certain municipalities; to limit the authority of the governing authorities A. Subject to the conditions provided in Subsection B of this Section, of certain municipalities to amend a proposed budget; and to provide for the Jefferson Council on Aging, referred to hereafter in this Section as related matters. the “council”, shall ensure delivery of a minimum level of services at Be it enacted by the Legislature of Louisiana: the following centers within the set of services to be funded with monies Section 1. R.S. 39:1305(F) is hereby amended and reenacted to read as disbursed pursuant to R.S. 46:1608 or another funding source: follows: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 95 (House Bills) and underscored and boldfaced (Senate Bills) are additions. §1305. Budget preparation (b) The authority of the Department of Public Safety and Corrections as * * * established pursuant to the Hazardous Materials Information Development, F. The Except in a mu nicipa lit y gover ned by R .S. 3 3:3 21 et seq., t he proposed Preparedness, and Response Act, R.S. 30:2361 et seq. or the Hazardous budget and the attendant budget adoption instrument may be amended to Materials Transportation and Motor Carrier Safety Act, R.S. 32:1501 et seq. the extent deemed appropriate by the governing authority at any point prior B. For the prevention of damage to pipelines, the powers of the to final adoption, unless otherwise provided in an ordinance or home rule commissioner shall include but are not limited to the following: charter of the political subdivision. (1) Monitoring any excavation or demolition, including requests for the Approved by the Governor, June 14, 2017. excavator or demolisher to provide the locate request number issued by a A true copy: regional notification center. Tom Schedler (2) Issuing citations or ordering other penalties or remedies. Secretary of State (3) Seeking restraining orders, injunctions, or any other available civil ------remedies. (4) Utilizing any other enforcement powers that may be provided by law. ACT No. 218 C . T h e c o m m i s s i o n e r o r h i s d e s i g n e e s h a l l p r o m u l g a t e r u l e s a n d r e g u l a t i o n s - - - in accordance with the provisions of the Administrative Procedure Act, HOUSE BILL NO. 389 R.S. 49:950 et seq., for the necessary and proper implementation and BY REPRESENTATIVE CARMODY administration of the provisions of this Part, including the implementation AN ACT of a procedure to report and investigate any reasonable complaint regarding To amend and reenact R.S. 30:21(B)(2)(a) and R.S. 40:1749.23(A) and to enact a violation of this Part. The procedure shall include all of the following: R.S. 30:4(S) and R.S. 40:1749.12(17) and (18) and 1749.27, relative to the (1) Establishing a centralized complaint reporting point using a toll-free Louisiana Underground Utilities and Facilities Damage Prevention Law; phone number that is available to contractors, excavators, pipeline owners to provide for the authority of the commissioner of conservation to enforce or operators, and the general public. The centralized complaint reporting laws for the prevention of damage to pipelines; to provide for and require system shall neither be combined with nor in conflict with the Hazardous certain procedures; to provide for adjudication of violations; to provide for Incidents Tracking System hazardous material hotline. penalties and other remedies; to provide for effectiveness; and to provide (2) Establishing a uniform complaint form to record the complainant’s for related matters. name and identifying information, the nature and details of the complaint, Be it enacted by the Legislature of Louisiana: the geographic location of the complaint, any information about parties Section 1. R.S. 30:21(B)(2)(a) is hereby amended and reenacted and R.S. involved in the complaint or incident, the date and time of the complaint, 30:4(S) is hereby enacted to read as follows: the date and time of the complaint report, and whether any collateral §4. Jurisdiction, duties, and powers of the assistant secretary; rules and damage or off-site impact incurred, including information about the impact regulations or damage. The uniform complaint form shall neither replace nor conflict * * * with the uniform complaint form provided for in R.S. 40:1749.23(D). S. To enforce the provisions of Part VIII of Chapter 8 of Title 40, R.S. (3) Investigating the validity of any complaint using any relevant 40:1749.11 et seq., the Louisiana Underground Utilities and Facilities Damage information, including but not limited to any information provided by Prevention Law, as it pertains to the prevention of damage to pipelines. excavators, pipeline owners or operators, or a regional notification center * * * with jurisdiction in the reported geographic area. §21. Fees and charges of the commissioner of conservation; revisions; (4) Obtaining all information needed to issue a citation, order any other exceptions; collections; Oil and Gas Regulatory Fund; creation; amounts; appropriate remedy, or otherwise adjudicate any complaint determined to requirements be valid. * * * D.(1)(a) The commissioner shall adjudicate all violations involving the B. prevention of damage to pipelines and assess civil penalties or other civil * * * remedies for those violations of this Part. (2)(a) There is hereby established a special fund in the state treasury to (b) All civil penalties or other civil remedies assessed by the commissioner be known as the Oil and Gas Regulatory Fund, hereafter referred to as the pursuant to this Part shall be assessed in the same manner as prescribed by “fund”. After deposit in the Bond Security and Redemption Fund and after R.S. 30:544, including consideration of all of the following factors: a sufficient amount is allocated from that fund to pay all the obligations (i) The nature, circumstances, and gravity of the relevant violation. secured by the full faith and credit of the state that become due and payable (ii) The degree of culpability, history of prior violations, the effect on within each fiscal year, the treasurer shall pay into the fund an amount ability to continue to do business, any good faith in attempting to achieve equal to the monies generated from collection of the fees provided for compliance, ability to pay the penalty, and such other matters as justice in this Title, R.S. 40:1749.11 et seq., or Title 47 of the Louisiana Revised requires with respect to the person found to have committed the violation. Statutes of 1950, the rules and regulations promulgated thereunder, any (c) Damage prevention education shall be a component of each penalty or fines and civil penalties or any other provision of law relative to fees, fines, remedy imposed by the commissioner. or civil penalties attributable to the office of conservation, and fifty percent (2) All monies received or collected by the commissioner pursuant to his of any annual assessment paid by an operator who chooses not to plug a well enforcement of the provisions of this Part as they apply to the prevention classified as inactive with the remainder being deposited into the Oilfield of damage to pipelines shall be deposited immediately upon receipt in the Site Restoration Fund. state treasury and shall be credited to the Oil and Gas Regulatory Fund, * * * R.S. 30:21. Section 2. R.S. 40:1749.23(A) is hereby amended and reenacted and R.S. Section 3. Prior to complete implementation of the provisions of this Act, 40:1749.12(17) and (18) and 1749.27 are hereby enacted to read as follows: particularly the exclusive enforcement responsibilities as provided in R.S. §1749.12. Definitions 40:1749.27(A)(1), the office of conservation of the Department of Natural As used in this Part, the following terms have the meanings ascribed to Resources shall enter into a Memorandum of Understanding with the them in this Section: office of state police of the Department of Public Safety and Corrections to * * * delineate shared responsibilities through a transition period until such time (17) “Commissioner” means the commissioner of conservation. as the office of conservation has promulgated and finally adopted the rules (18) “Pipeline” means all intrastate and interstate pipeline facilities required by R.S. 40:1749.27(A). At such time as the office of conservation has defined by 49 CFR 192.3 and 49 CFR 195.2. finally adopted the rules required by R.S. 40:1749.27(A), the provisions of this * * * Act shall be completely implemented and the commissioner of conservation §1749.23. Enforcement and adjudication; administration; levy of civil shall have exclusive authority to enforce the provisions of R.S. 40:1749.27. penalties Section 4. This Act shall become effective upon signature by the governor A. The Except as provided in R.S. 40:1749.27, the provisions of this Part or, if not signed by the governor, upon expiration of the time for bills to may be enforced by the Department of Public Safety and Corrections or become law without signature by the governor, as provided by Article III, by any local law enforcement agency. The Department of Public Safety Section 18 of the Constitution of Louisiana. If vetoed by the governor and and Corrections or its designee may provide forms, including citation, subsequently approved by the legislature, this Act shall become effective on complaint, and incident report forms, to other law enforcement agencies for the day following such approval. use in enforcement of the provisions of this Part. Approved by the Governor, June 14, 2017. * * * A true copy: §1749.27. Enforcement for the prevention of damage to pipelines; authority Tom Schedler of the commissioner; administration; violations; penalties; disposition of Secretary of State monies ------A.(1) Notwithstanding the provisions of R.S. 40:1749.23, the commissioner shall have exclusive authority to enforce the provisions of this Part as it applies to the prevention of damage to pipelines. (2) The provisions of this Section shall not be construed in any manner to limit or otherwise restrict either of the following: (a) The general powers of the commissioner as authorized by Subtitle I of Title 30 of the Louisiana Revised Statutes of 1950. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 96 (House Bills) and underscored and boldfaced (Senate Bills) are additions.